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April 30, 2015
6.1 If, within 30 (thirty) days after the receipt of any disclosure by the arbitrator or after a party learns of facts or circumstances that could constitute a potentially substantial conflict of interest for an arbitrator, a party does not raise an objection with regard to that arbitrator in accordance to Articles 6.2 and 6.3 below, that party is deemed to have waived any potential conflict of interest by the arbitrator based on such facts or circumstances and may not raise any objection to such facts or circumstances at any later stage.

6.2 However, if facts or circumstances exist as described in Article 4.1 above (i.e., if the arbitrator himself or herself doubts whether he or she is able to be independent and impartial and/or in case of circumstances described in the Non-Waivable Red List), any waiver by a party or any agreement by the parties to have such a person serve as arbitrator shall be regarded as invalid.


6.3 A person should not serve as an arbitrator when there is a conflict of interest, such as those exemplified in the Non-Waivable Red List, exists. Nevertheless, such a person may accept appointment as arbitrator or continue to act as an arbitrator, if the following conditions are met:
  • All parties, all arbitrators and the NCAC Appointment Committee when the arbitrator is appointed by it or the NCAC Secretariat, in all other cases, must have full knowledge of the conflict of interest; and  
  • All parties must expressly agree that such person may serve as arbitrator despite the conflict of interest.
6.4 An arbitrator has a duty to conduct investigation to find out whether there is potential conflicts of interest, as well as any facts or circumstances that may cause his or her impartiality or independence to be questioned. Failure to disclose a potential conflict is not excused by the lack of knowledge if the arbitrator makes no reasonable attempt to investigate.

6.5 An arbitrator may assist the parties in reaching a settlement of the dispute in accordance with the NCAC Arbitration Rules. However, before doing so, the arbitrator should receive an express agreement by the parties that acting in such a manner shall not disqualify the arbitrator from continuing to serve as arbitrator. Such express agreement shall be considered to be an effective waiver of any potential conflict of interest that may arise from the arbitrator’s participation in such process or from information that the arbitrator may learn in the process. If the assistance by the arbitrator does not lead to final settlement of the case, the parties shall remain bound by their waiver.
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