855 - 12 44 00 22
April 30, 2015
5.1 If facts or circumstances exist that may, in the eyes of the parties, give rise to doubts as to the arbitrator’s impartiality or independence as those laid out in the Orange List and the Red List, the arbitrator shall disclose such facts or circumstances in writing to the parties in dispute or the NCAC Appointment Committee when he or she is appointed by the Appointment Committee or the NCAC Secretariat and to the co-arbitrators, if any, prior to accepting his or her appointment or, if thereafter, as soon as he or she learns about them.

5.2 Article 4.1 above applies if an arbitrator who has made a disclosure considers himself or herself to be partial and not independent of the parties regardless of the disclosed facts and his capability in performing his or her duties as arbitrator.

5.3 Any doubt as to whether an arbitrator should disclose certain facts or circumstances should be resolved in favour of disclosure.

5.4 When considering whether or not facts or circumstances exist that should be disclosed, the arbitrator shall not continue the arbitration proceedings whether at the beginning or at a later stage.
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