Section 19.
Arbitrators shall be impartial and independent and shall have qualifications as specified by the arbitral agreement or, in the case where the parties appoint an institution established to settle disputes by arbitration, as specified by such institution.

A person being appointed as an arbitrator shall disclose any circumstances likely to give rise to justifiable doubts as to his impartiality or independence. An arbitrator, from the time of his or her appointment and throughout the arbitral proceedings, shall without delay disclose any such circumstances to the parties, unless such circumstances have already been informed to the parties in advance by an arbitrator.

The parties may challenge an arbitrator if there is circumstance that give rise to justifiable doubts as to his or her impartiality or independence, or if he or she has no qualifications as agreed to. A party could not challenge the arbitrator appointed by him or her, or in whose appointment he or she has participated, unless he or she has no knowledge on the grounds for challenge at the time of appointment.

Section 20.
Unless otherwise agreed by the parties, a party who intends to challenge an arbitrator shall, within fifteen days after becoming aware of the appointment of the arbitrator or after becoming aware of circumstances referred to in Section 19 paragraph three, submit a written statement of the reasons for the challenge to the arbitral tribunal. If the challenged arbitrator refuses to withdraw from his or her office, or the other party refuses the challenge, the arbitral tribunal shall decide on the challenge.

If a challenge under any procedure agreed upon by the parties or under the procedure as prescribed in paragraph one is not successful, or in the case of a sole arbitrator, the challenging party may request the competent Court within thirty days as from the date of receiving a written decision on the challenge, or as from the date the appointment of arbitrator, or as from the date the circumstances as prescribed in Section 19 paragraph three has known to him or her, as the case may be. After having inquired the request, the Court shall have an order to allow or dismiss the request.  During the Court proceedings, the arbitral tribunal and the challenged arbitrator may continue the arbitral proceedings and make an award, unless the Court otherwise orders.

In the case of necessity, the arbitral tribunal may extend the period for challenging the arbitrator under paragraph one for not more than fifteen days.

Section 21.
The mandate of the arbitrator terminates upon his or her death.
In the case where a person appointed, or will be appointed, to be an arbitrator becomes unable to perform his or her functions, whether he or she rejects the appointment, being under absolute receivership, being incompetent or quasi-incompetent by the Court order, or fails to perform his or her functions within reasonable period of time for other reasons, his or her mandate as an arbitrator shall terminate upon his or her withdrawal from office or upon an agreement between the parties. If there is an argument on these grounds, any party may request the competent Court to decide on the termination of the mandate.

Subject to paragraph two or Section 20 paragraph one, the withdrawal from office of an arbitrator or an agreement between the parties to terminate an arbitrator shall not be deemed as an acceptance of the grounds under paragraph two or under Section 19 paragraph three.

Section 22.
If the mandate of the arbitrator terminates upon the grounds as prescribed in Section 20 or Section 21, or upon the withdrawal from office of an arbitrator, or upon an agreement between the parties to terminate an arbitrator, or upon other grounds, a substitute arbitrator shall be appointed according to the procedure as imposed for the appointment of the arbitrator.

Section 23.
The arbitrator shall not be responsible for any civil liability on the carrying out of his or her functions as the arbitrator, except where he or she acts willfully, or with gross-negligence, and such acts cause damages to any party.

Any arbitrator who demands, receives, or agrees to receive assets or any other benefits for himself or herself or other persons, without any lawful cause, in order to act or refrain from acting his or her functions, shall be liable to imprisonment for a term not exceeding ten years, or to a fine not exceeding one hundred thousand Baht, or to both.
Any person who provides, offers to provide, or promise to provide assets or any other benefits to the arbitrator to induce him or her to act, refrain from acting, or delay any act, which contrary to his or her functions shall be liable to imprisonment for a term not exceeding ten years, or to a fine not exceeding one hundred thousand Baht, or to both.

Chapter III
Jurisdiction of Arbitral Tribunal  

Section 24.
The arbitral tribunal may adjudicate its own jurisdiction, including the existence or validity of the arbitration agreement, the validity of the appointment of the arbitral tribunal, and any disputes within its jurisdiction.  For this purpose, it shall be deemed that an arbitration clause that forms part of a contract shall be treated as an agreement independent of the other terms of the contract.  A decision by the arbitral tribunal that the contract is void or invalid shall not affect the invalidity of the arbitration clause.

An objection on the jurisdiction of the arbitral tribunal shall be made no later than the date for submission of the statement of defense. A party shall not be precluded from making an objection by the fact that he or she has appointed, or participated in the appointment of an arbitrator. An objection that the arbitral tribunal performs its functions ultra vires shall be raised forthwith by a party when the ground of such objection occurred during the arbitral proceedings. If there is a reasonable delay in making such objection, the arbitral tribunal may allow the parties to make an objection after the prescribed period.

The arbitral tribunal may adjudicate an objection on its jurisdiction either as a preliminary question or in an award on the merits. If the arbitral tribunal adjudicates as a preliminary question that it has jurisdiction, any party may request, within thirty days as from the date of receiving the notice of such adjudication, the competent Court to decide the matter. While such a request is pending before the Court, the arbitral tribunal may continue the arbitral proceedings and make an award.

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