Is there a right to reject the arbiter’s decision?

Question

The question to be clarified is this: after someone has been made an arbiter (hakam), if, before the hakam gives his decision, one of the parties cancels and rejects that hakam, does he thereby become rejected and cancelled according to the Shariʿa or not? This is when some distrust of the hakam has arisen, i.e. the hakam’s appointment is cancelled for a reasonable cause.

Answer

Whether trust remains or not, in both cases whichever party wishes may dissolve this tahkim (arbitration), and this right to dissolve exists before the decision is pronounced: [ar]ولكل واحد من المحكمين أن يرجع قبل حكمهما[/ar] “Each of the two who appointed the arbiter may withdraw before the decision” (“Kanz”).

Source: Fatawa Mahmudiyya

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