TW a New Zealand importer of televisions, and Tele-Parts Co, a Malaysian manufacturer of televisions, were parties to a contractual dispute which they intended to submit to arbitration in Melbourne pursuant to an arbitration clause in the contract. However, in the absence of an appointment clause in the contract, a three member tribunal was appointed, and the members of that tribunal were Dipsy, Laa Laa and Po. However, two days before commencement of the arbitration TW discovers that on three occasions over the past five years Mr Po has acted as an arbitrator in two matters involving Tele-Parts which were resolved in Tele-Parts’ favour. These matters were not disclosed to TW by Po. Advise TW.

1)   Does the Model Law apply to TW and Tele-Parts dispute? Be sure to refer to the relevant sections of the International Arbitration Act and the relevant articles of the Model Law when explaining your answer.

2)   Is the appointment of the three arbitrators, in the absence of the party’s agreement, in accordance with the Model Law?

3)   In what circumstances can an arbitrator be removed? Can Mr Po be removed? In giving your answer be sure to refer to the relevant articles of the Model Law and any case law that sheds light on Australia’s position.