(1) Where an arbitrator is unable, whether de jure or de facto, to perform their functions or fails to perform their functions within a reasonable time for other reasons, their mandate will end upon their withdrawal from office or upon the parties agreeing to terminate the mandate. Where the arbitrator does not withdraw from office, or where the parties are unable to agree on the termination of the mandate, each of the parties may request that the court decide on the termination of the arbitrator’s mandate.
(2) Where an arbitrator withdraws from office in the cases set out in subsection (1) or section 1037 (2), or where a party consents to terminating the arbitrator’s mandate, this does not imply acceptance of the validity of any grounds for withdrawal set out in subsection (1) or section 1036 (2).