2005 North Carolina Code - General Statutes § 1-567.43. Challenge procedure.

§ 1‑567.43.  Challenge procedure.

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

(b)       If there is no agreement under subsection (a) of this section, a party challenging an arbitrator shall, within 15 days after becoming aware of the constitution of the arbitral tribunal or after becoming aware of any circumstance referred to in G.S. 1‑567.42(a), send a written statement of the reasons for the challenge to the arbitral tribunal.  Unless the challenged arbitrator withdraws or the other party agrees to the challenge, the arbitral tribunal shall decide on the challenge.

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

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