(1) Subject to the provisions made in subsection (3), the parties are free to agree on a procedure for challenging an arbitrator.
(2) Absent such agreement, the party intending to challenge an arbitrator is to submit to the arbitral tribunal, within two weeks of having become aware of the composition of the arbitral tribunal or of any circumstance as referred to in section 1036 (2), a written statement of the reasons for challenging the arbitrator. If the challenged arbitrator does not withdraw from office or if the other party does not agree to the challenge, then the arbitral tribunal decides on the challenge.
(3) If the challenge under the procedure agreed by the parties or under the procedure set out in subsection (2) is not successful, then the challenging party may request, within one month of having become aware of the decision rejecting the challenge, that the court decide on the challenge; the parties may agree on a different time-limit. While such a request is pending, the arbitral tribunal, including the challenged arbitrator, may continue the arbitral proceedings and may make an award.