Section 13 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 13 sets out how an arbitrator is challenged. The parties may agree their own procedure. If they have not, a party must send a written statement of reasons to the tribunal within fifteen days, the tribunal decides, and an unsuccessful challenge is taken up again only after the award, through section 34.
The parties may agree on a procedure for challenging an arbitrator, subject to sub-section (4). Failing that, a party intending to challenge must, within fifteen days after becoming aware of the constitution of the tribunal or of a ground under section 12(3), send a written statement of the reasons to the arbitral tribunal. The tribunal decides unless the arbitrator withdraws or the other party agrees. If the challenge fails, the tribunal continues and makes an award, which the challenging party may then seek to set aside under section 34. This is as per the India Code consolidated text consulted.
Where section 13 fits
Section 12 lists the grounds on which an arbitrator may be challenged: justifiable doubts as to independence or impartiality, or lack of the qualifications agreed by the parties; see our article on section 12. Section 13 explains how to raise the challenge. Sections 14 and 15 deal with a mandate that ends for other reasons; see sections 14 and 15.
In the India Code consolidated text, section 13 stands in Chapter III of Part I, "Composition of arbitral tribunal", and carries no footnote of amendment. Sub-section (2) reads "within fifteen days after becoming aware of the constitution of the arbitral tribunal or after becoming aware of any circumstances referred to in sub-section (3) of section 12". The period is fifteen days and it runs from awareness. Because the clock is short, arbitration support is worth seeking the day a ground comes to light.
Sub-section (1): the parties' own procedure
"Subject to sub-section (4)", the parties are at liberty to agree on a procedure for challenging an arbitrator. An arbitration clause or incorporated rules may therefore lay down their own steps. Section 2(8) says an agreement of the parties includes any arbitration rules referred to in it; see section 2. Read the clause and any rules before you rely on the default.
Sub-section (2): the default procedure
Failing any agreement under sub-section (1), a party who intends to challenge an arbitrator shall send a written statement of the reasons for the challenge to the arbitral tribunal within fifteen days after:
- becoming aware of the constitution of the arbitral tribunal, or
- becoming aware of any circumstances referred to in section 12(3).
| Element | Text |
|---|---|
| Who | A party who intends to challenge |
| What | A written statement of the reasons |
| To whom | The arbitral tribunal |
| When | Within fifteen days after the awareness described in 1 or 2 |
| Applies when | The parties have not agreed a procedure |
The statement goes to the tribunal, not to a court. Keep proof of dispatch and delivery; see sections 3 and 4 for deemed receipt and for the risk of waiver where a party knows of a defect and proceeds without objecting.
Sub-section (2) says nothing about extending the fifteen days. The text consulted gives no power to extend it, and we add none.
Sub-section (3): who decides
"Unless the arbitrator challenged under sub-section (2) withdraws from his office or the other party agrees to the challenge, the arbitral tribunal shall decide on the challenge."
So there are three outcomes at this stage:
- the arbitrator withdraws;
- the other party agrees to the challenge; or
- the tribunal decides.
If the arbitrator withdraws, or a party agrees to the termination of his mandate, section 14(3) says that this does not imply acceptance of the validity of any ground in section 14 or section 12(3). That protects both sides from reading a withdrawal as an admission.
Sub-section (4): an unsuccessful challenge
If a challenge under an agreed procedure or under the sub-section (2) procedure is not successful, the arbitral tribunal "shall continue the arbitral proceedings and make an arbitral award." The proceedings do not pause while the challenge is argued elsewhere. That is why the next two sub-sections matter.
Sub-section (5): section 34 after the award
Where an award is made under sub-section (4), the party challenging the arbitrator "may make an application for setting aside such an arbitral award in accordance with section 34". The challenge to the arbitrator thus returns after the award, as a ground to be pursued under section 34. Our post on section 34 covers that section, and we do not re-explain it here. For the filing side, see our guide on arbitration petitions under sections 9, 11 and 34.
Sub-section (6): the arbitrator's fees
Where an award is set aside on an application under sub-section (5), "the Court may decide as to whether the arbitrator who is challenged is entitled to any fees." The text gives no scale and no test, so we state none.
A worked example
Gill Foods and Menon Distributors have an arbitration clause with no challenge procedure. On 2 May, Gill's manager learns that the sole arbitrator's brother is a director of Menon. Gill sends a written statement of reasons to the tribunal within fifteen days of that awareness, keeping the courier receipt. The arbitrator does not withdraw and Menon does not agree, so the tribunal decides and rejects the challenge. Under sub-section (4) it carries on and makes an award. If the award goes against Gill, Gill may apply under section 34 on the basis of sub-section (5). If the award were set aside on that application, the Court may decide whether the arbitrator is entitled to any fees.
Practical checklist
- Read the clause first. An agreed procedure replaces the default in sub-section (2).
- Diarise the fifteen days from the day you became aware, and keep the evidence of that date.
- Put the reasons in writing and address them to the tribunal.
- Do not stop participating unless advised; the proceedings continue under sub-section (4).
- Preserve the point for a possible section 34 application.
- Use section 16 separately for a plea about the tribunal's jurisdiction; see section 16.
Need help with challenging an arbitrator?
The fifteen-day period is short and the choice of what to put in the written statement matters. Our arbitration support team can help you review the ground, draft the statement and plan for a section 34 application if the challenge fails.
Key takeaways
- The parties may agree a challenge procedure; if not, the section 13(2) default applies.
- Under the default, send a written statement of reasons to the tribunal within fifteen days after becoming aware of the tribunal's constitution or of the ground.
- The tribunal decides unless the arbitrator withdraws or the other party agrees.
- An unsuccessful challenge does not stop the arbitration; the award can then be attacked under section 34.
- If the award is set aside on that application, the Court may decide on the arbitrator's fees.
Read next
- Section 12: grounds for challenge and disclosure
- Sections 14 and 15: termination of mandate and substitution
- Section 16: competence of the tribunal to rule on its jurisdiction
- Challenge to an arbitral award: section 34
Disclaimer: Based on the India Code consolidated text of the Arbitration and Conciliation Act, 1996, whose footnotes show amendments up to Act 3 of 2021 and a latest date of 12 October 2023, as consulted on 2 October 2026. Rules, regulations and notifications under the Act, later amendments and the commencement of the Mediation Act, 2023 should be checked. This article is general information, not legal advice; check the official text before acting.