21. Failure or impossibility to act

Past version: effective from 17/12/2015 - 16/12/2015
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(1) If an arbitrator becomes as a matter of fact or law unable to perform his functions or for other reasons fails to act without undue delay, his mandate shall terminate if he withdraws from his office or if the parties agree on the termination. In the absence of such agreement or if a controversy remains concerning any of these grounds, any party may request the arbitral institution administering the arbitration, or, where there is no such institution, the Court, to decide on the termination of the mandate, which decision shall not be subject to appeal.
(2) If, under this section or section 20(2), an arbitrator withdraws from his office or a party agrees to the termination of the mandate of an arbitrator, this does not imply acceptance of the validity of any ground referred to in this section or section 19(2).