Replacement and Disqualification of Conciliators and Arbitrators
After a Commission or a Tribunal has been constituted and proceedings
have begun, its composition shall remain unchanged; provided, however,
that if a conciliator or an arbitrator should die, become incapacitated,
or resign, the resulting vacancy shall be filled in accordance with the
provisions of Section 2 of Chapter III or Section 2 of Chapter IV.
A member of a Commission or Tribunal shall continue to serve in that capacity
notwithstanding that he shall have ceased to be a member of the Panel.
If a conciliator or arbitrator appointed by a party shall have resigned
without the consent of the Commission or Tribunal of which he was a member,
the Chairman shall appoint a person from the appropriate Panel to fill
the resulting vacancy.
party may propose to a Commission or Tribunal the disqualification of
any of its members on account of any fact indicating a manifest lack of
the qualities required by paragraph (1) of Article 14. A party to arbitration
proceedings may, in addition, propose the disqualification of an arbitrator
on the ground that he was ineligible for appointment to the Tribunal under
Section 2 of Chapter IV.
The decision on any proposal to disqualify a conciliator
or arbitrator shall be taken by the other members of the Commission or
Tribunal as the case may be, provided that where those members are equally
divided, or in the case of a proposal to disqualify a sole conciliator
or arbitrator, or a majority of the conciliators or arbitrators, the Chairman
shall take that decision. If it is decided that the proposal is well-founded
the conciliator or arbitrator to whom the decision relates shall be replaced
in accordance with the provisions of Section 2 of Chapter III or Section
2 of Chapter IV.