商事仲裁员替换制度的修改与完善

On Perfection of the Replacement of Commercial Arbitrator

商事仲裁员替换是商事仲裁员重要制度之一。替换商事仲裁员的理由应是具体而明确的,仲裁机构有权决定是否接受仲裁员的主动辞职;替换仲裁员原则上可以按照原委任仲裁员程序进行,但仲裁机构可以根据实际情况决定替换仲裁员是否需要遵循原仲裁员委任程序;商事仲裁员被替换后已经开展的仲裁程序是否需要重新开展应由仲裁庭自行决定。

The replacement of commercial arbitrator is one of the most important system. The reason of replacement must be clear and definite. Arbitration institution can make decision on whether accepting arbitrator＇s resignation or not. The replacement can be as same as the former appointment, in principle. Actually, arbitration institution could decide the replacement is the same as the former appointment. Finally, arbitration institution also should decide whether restarting the arbitration procedure.