PART III – CONDUCT OF PROCEEDINGS Rule 16: Disclosure A prospective arbitrator shall disclose to the appointing authority any circumstances likely to give rise to justifiable doubts as to his or her impartiality or independence. An arbitrator, once appointed, shall disclose such circumstances to the parties unless they have already been duly informed of these circumstances. Rule 17: Challenge of Arbitrator (1) An arbitrator may be challenged on the grounds that circumstances exist that give rise to justifiable doubts as to that arbitrator’s impartiality or independence (2) A party who intends to challenge an arbitrator shall send notice of his challenge within 15 days after the appointment of that arbitrator has been notified to the challenging party or within 15 days after the circumstances mentioned in sub-rule (1) became known to that party. (3) The challenge shall be notified to the other party, to the arbitrator who is challenged and to the other members of the Tribunal. The notification shall be in writing and shall state the reasons for the challenge. (4) Where an arbitrator is challenged by one party, the other party may agree to the challenge. The arbitrator may also, after the challenge, withdraw from the arbitral proceedings. In neither case does this imply acceptance of the validity of the grounds for the challenge. (5) If the other party does not agree to the challenge and the challenged arbitrator does not withdraw, the decision on the challenge will be made by the appointing authority Rule 18: Replacement of an Arbitrator (1) In the event of the death or withdrawal of an arbitrator from the arbitral proceedings, a substitute arbitrator shall be appointed by the appointing authority. (2) In the event that an arbitrator fails or is unable to perform his or her functions, the procedure in respect of the challenge and replacement of an arbitrator as provided for in sub-rule (1) shall apply. 9