Civil Procedure Code (CPC)

Art. 371CPC from 2021

Art. 371 Replacement of an arbitrator

¹ If an arbitrator must be replaced, the same procedure as for appointment applies, unless the parties agree or have agreed otherwise.

² If replacement cannot be effected in this way, the new arbitrator shall be nominated by the ordinary court that has jurisdiction under Article 356 paragraph 2 unless the arbitration agreement excludes this possibility or becomes ineffective on the retirement of an arbitrator.

³ In the absence of an agreement between the parties, the newly constituted arbitral tribunal shall decide on the extent to which procedural acts in which the replaced arbitrator has participated must repeated.

⁴ The deadline within which the arbitral tribunal must issue its award is not suspended during the replacement procedure.