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September 02, 2014
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14.1    Termination of arbitrator’s mandate, request by a party
In the event that an arbitrator becomes de jure or de facto unable to perform her/his functions, or for other reasons fails to act without undue delay,her/his mandate terminates if she/he withdraws or if the parties agree on the termination. Such withdrawal or agreement does not imply acceptance of the validity of the aforementioned grounds for withdrawal.

Otherwise, if a controversy remains concerning any of these grounds, or if an arbitrator fails to perform her/his mandate in accordance with these Rules, any party may submit to the General Secretariata requestthat NCAC, through its Appointment Committee, decides on the termination of the mandate.

14.2    Comments on request
The arbitrator, the other party and any other members of the Tribunal may submit comments on the request to the General Secretariat within 15 (fifteen) calendar days of their receipt of the request.

14.3    Decision on request by NCAC Appointment Committee
NCAC, through its Appointment Committee, shall decide on the request within 15 (fifteen) calendar days after the expiry date of the period for the submission of the comments.

If the Appointment Committee rejects the request, the arbitrator shall continue her/his duties as arbitrator. If the Appointment Committee approves the request, the arbitrator’s mandate is terminated effective the day of the decision and Rule 15 (Replacement of arbitrators) shall apply.

14.4    No Appeal andNotification
The decision of NCAC, through its Appointment Committee, does not have to be reasoned. It shall be final and not be subject to any appeal. The General Secretariat shall notify the parties and the Tribunal of NCAC decision.
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