State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-567_43

§1‑567.43.  Challenge procedure.

(a)        The parties mayagree on a procedure for challenging an arbitrator, subject to the provisionsof subsection (c) of this section.

(b)        If there is noagreement under subsection (a) of this section, a party challenging anarbitrator shall, within 15 days after becoming aware of the constitution ofthe arbitral tribunal or after becoming aware of any circumstance referred toin G.S. 1‑567.42(a), send a written statement of the reasons for thechallenge to the arbitral tribunal.  Unless the challenged arbitrator withdrawsor the other party agrees to the challenge, the arbitral tribunal shall decideon the challenge.

(c)        If a challengeunder any procedure agreed upon by the parties or under the procedure ofsubsection (b) of this section is not successful, the challenging party may,within 30 days after having received notice of the decision rejecting thechallenge, request the superior court to decide on the challenge, whichdecision shall be final and subject to no appeal.  While such a request ispending, the arbitral tribunal, including the challenged arbitrator, maycontinue to conduct the arbitral proceedings and make an award. (1991,c. 292.)