S.L. 387.1 Art. 72Breach of duty by an arbitrator.

(1) In case of breach of duty by an arbitrator in relation to the management of the arbitration proceedings, the Registrar may issue orders in writing to the arbitrator who shall be bound to comply as soon as possible with such order.

(2) The Board may request the Registrar to issue any such orders to any arbitrator if, when reviewing progress in any arbitration, the Board notes that any provisions of the Act, these rules or any guidelines are not being observed or that the arbitrator is failing to manage the arbitration process efficiently.

(3) When an arbitrator fails to observe the orders of the Registrar issued in terms of this rule, the Registrar shall report on such circumstances to the Board and the Board shall determine what disciplinary action to take against the arbitrator.

(4) In case of breach of the duty of independence by the arbitrator because of an undisclosed conflict of interest or because of irregular communication or otherwise, with one of the parties or any person on behalf of a party, the Registrar shall make a written report to the Board copied to the arbitrator and to the parties and the Board shall decide what actions are to be taken.

(5) In cases referred to above, the Board shall determine the issue after giving the arbitrator the opportunity of being heard and after considering such other evidence as may be appropriate.

(6) In such cases the Board has the power to take such disciplinary action as it considers appropriate in view of the circumstances. The powers of the Board include:

(a) the issuing of orders in relation to the proceedings;

(b) (deleted by IX. 2010.16);

(c) the removal of the arbitrator from the domestic panel of arbitrators, and

(d) the imposition of a disqualification to act as an arbitrator in Malta for a stated period not exceeding three years.

(7) Action taken in terms of this rule by the Centre shall be without prejudice to any rights of the parties under applicable law.

(8) Nothing in the foregoing rule shall limit the rules applicable to the challenge of arbitrators in the Act.

Part XII SAVING