(1) If, in the opinion of the arbitrator, one of the following circumstances occurs, the arbitrator shall submit an application for withdrawal to the DGAC. The parties have the right to challenge the arbitrator, under any of the following circumstances:
(a) the arbitrator is a party to the case or close relative of the party or the party’s representative;
(b) the arbitrator has an interest in the case;
(c) the arbitrator has other relations with the parties or their representatives in the case, which may affect impartial arbitration;
(d) the arbitrator meets the parties or their representatives without permission, or accepts hospitality or gifts offered by the parties or their representatives.
(2) A challenge shall be made in writing and accompanied by the grounds of the challenge and supporting evidence.
(3) A challenge shall be raised before the first oral hearing. A challenge based on circumstances that become known after the first oral hearing may be raised prior to the closure of the final oral hearing. Without prejudice to Article 21(3), where no further oral hearing will be conducted, or in a documents-only arbitration, a challenge shall be raised within 10 days after the challenging party becomes aware of the circumstances giving rise to a challenge.
(4) The Case Manager shall promptly forward the Application for Challenge to the other party and to each member of the Arbitral Tribunal.
(5) Where a party challenges an arbitrator and the other party concurs with the challenge, or the challenged arbitrator withdraws voluntarily upon being informed of the challenge, that arbitrator shall no longer participate in the arbitration. Neither of these circumstances shall imply that the grounds on which the challenge is based are established.
(6) Unless Article 22(5) applies, the Chairperson shall decide on the challenge. If the Chairperson acts as an arbitrator, the general members’ meeting of the DGAC shall decide on the challenge to the Chairperson. The decision of the Chairperson or the general members’ meeting of the DGAC shall be final. The Chairperson or the general members’ meeting of the DGAC may decide, according to the particular circumstances of the case and as a matter of discretion, whether to provide reasons for the decision.
(7) A party who, after becoming aware of the composition of the Arbitral Tribunal, appoints authorized representatives whose appointment may give rise to grounds for the challenge of any arbitrator, shall be deemed to have waived its right to challenge the arbitrator on those grounds; the right of the other party to challenge the arbitrator shall not, however, be affected. Additional costs resulting from any delay caused to the arbitral proceedings in these circumstances shall be borne by the party responsible for giving rise to the grounds for challenge.