The expression by an arbitrator of the intention to seek authorisation to abstain from the engagement does not, in itself, constitute a renunciation of the arbitral mandate, and must be assessed in the light of the overall conduct adopted and the circumstances of the case.
In proceedings for the recusal of an arbitrator under Article 815 of the Code of Civil Procedure, the arbitrator subject to recusal does not hold a substantive interest in the proceedings, and his appearance through counsel is therefore inadmissible.
An application for the recusal of an arbitrator on the ground of serious enmity with the parties or with counsel, pursuant to Article 815(4) of the Code of Civil Procedure, requires the specific and detailed indication of the elements constituting such enmity, a general reference to unparticularised conduct or expressions being insufficient.
