Failure or Impossibility to Act

(a)If an arbitrator becomes de jure or de facto unable to perform his or her functions or for other reasons fails to act without undue delay, his or her mandate terminates if he or she withdraws from his or her office or if the parties agree on the termination.

(b)If a controversy remains concerning any of the grounds referred to in Subsection

(a), any party may request the arbitral tribunal to terminate the relevant arbitrator’s mandate, provided such request is made to the arbitral COL412014 CH. 42A GUAM INTERNATIONAL ARBITRATION tribunal within fifteen days of becoming aware of the grounds referred to in Subsection (a). The arbitral tribunal shall, in its sole discretion, determine whether termination of the arbitrator’s mandate is appropriate.

(c)If the arbitral tribunal does not terminate the mandate, the challenging party may request the court or other authority specified in Section 42A106 to decide on the termination of the mandate, provided that such request is made within thirty days of the arbitral tribunal’s decision. If no such request is received by the court or other authority specified in Section 42A106 within thirty days of the arbitral tribunal’s decision, the decision of the arbitral tribunal is final and binding. If the court or other authority specified in Section 42A106 receives a request to decide on the termination of the mandate, the decision shall be final and subject to no appeal.

(d)If, under this Section or Section 42A304(b), an arbitrator withdraws from his or her office or a party agrees to the termination of the mandate of an arbitrator, this does not imply acceptance of the validity of any ground referred to in this Section or Section 42A304(b).