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78(1)This rule applies where—
(a)an arbitrator is removed by the Outer House under rule 12 on the ground that the arbitrator is not impartial and independent,
(b)the tribunal is dismissed by the Outer House under rule 13 on the ground that it has failed to comply with its duty to be impartial and independent, or
(c)the tribunal’s award (or any part of it) is returned to the tribunal for reconsideration, or is set aside, on either of those grounds (see rule 68).
(2)Where this rule applies, the Outer House must have particular regard to whether an arbitrator has complied with rule 8 when it is considering whether to make an order under rule 16(1) or 68(4) about—
(a)the arbitrator’s entitlement (if any) to fees or expenses,
(b)repaying fees or expenses already paid to the arbitrator.
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