CODE OF CONDUCT FOR ARBITRATORS AND MEDIATORS Sample Clauses

CODE OF CONDUCT FOR ARBITRATORS AND MEDIATORS. Definitions
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CODE OF CONDUCT FOR ARBITRATORS AND MEDIATORS. Definitions In this Code of Conduct:
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CODE OF CONDUCT FOR ARBITRATORS AND MEDIATORS. Definitions 1. In this Code of Conduct: arbitrator means a member of an arbitral tribunal established pursuant to Article 19 (Constitution of the Arbitral Tribunal); mediator means a person who conducts mediation in accordance with Article 16 (Mediation); candidate means an individual who is under consideration for selection as an arbitrator; assistant means a person who, under the terms of appointment of an arbitrator, conducts research or provides assistance to the arbitrator; staff, in respect of an arbitrator, means any person under the direction and control of the arbitrator, other than an assistant; and proceedings, unless otherwise specified, means arbitral proceedings under Section One (Settlement of Disputes between a Party and an Investor of the Other Party) of Chapter III (Dispute Settlement). Responsibilities to the Process 2. Throughout the proceedings, every candidate and arbitrator shall avoid impropriety and the appearance of impropriety, shall be independent and impartial, shall avoid direct and indirect conflicts of interests and shall observe high standards of conduct so that the integrity and impartiality of the dispute settlement mechanism is preserved. 3. Arbitrators shall not take instructions from any organisation or government with regard to matters before the arbitral tribunal. Disclosure Obligations 4. Prior to his or her appointment as an arbitrator, a candidate shall disclose to the disputing parties any past or present interest, relationship or matter that is likely to affect his or her independence or impartiality or that might reasonably create an appearance of impropriety or bias in the proceedings. To this end, a candidate shall make all reasonable efforts to become aware of any such interests, relationships and matters. 5. Once appointed, an arbitrator shall at all times continue to make all reasonable efforts to become aware of any interests, relationships or matters referred to in paragraph 4 and shall disclose them. The disclosure obligation is a continuing duty, which requires an arbitrator to disclose any such interests, relationships or matters that may arise during any stage of the proceedings at the earliest time the arbitrator becomes aware of it. The arbitrator shall disclose such interests, relationships or matters by informing the disputing parties, in writing, for their consideration. 6. Disclosure of an interest, relationship or matter is without prejudice as to whether that interest, relationship or matter ...
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Related to CODE OF CONDUCT FOR ARBITRATORS AND MEDIATORS

  • GRIEVANCE AND ARBITRATION 15.01 Either the Employer, the Union or any employee has a right to lodge a grievance with respect to any matter arising out of this Agreement or concerning the interpretation, application or alleged violation of this Agreement. 15.02 Any employee believing that he has been unjustly dealt with or that the provisions of this Agreement have not been complied with, shall have the right to place such grievances in the hands of the Union for review and adjustment by the Employer, if necessary. Such grievances shall be processed as follows: - Between the employee concerned, his Union representative and the Company. The grievance must be filed within eighteen (18) working days after the event giving rise to the grievance occurs and within this period of time it shall be discussed at this Step. The Manager shall give an oral decision within four (4) working days from the date the discussion took place. If the Union wishes to appeal to the next Step, the grievance shall be reduced to writing and the appeal shall be filed with the Store Manger within six (6) working days from the Store Manager's oral decision. Between the employee concerned, the Union representative, the Department Manager, and the Company. The discussion at this Step shall be held within seven (7) working days of the date of the appeal. The decision of the Employer at this Step shall be in writing and be made within four (4) working days of the date of the meeting. Should the Union wish to appeal, such notice of appeal must be in writing to the Company/operator within one (1) week of the decision of the Company at STEP TWO. The grievance shall be forwarded to the Employer, which shall have one (1) week to dispose of the grievance. The disposition shall be in writing and returned to the officers of the Union. If considered necessary by the parties, a meeting may be held by the parties and may include the interested persons. If a meeting is held, the decision shall be given to the other party within seven (7) days from the date of the meeting. 15.03 In the case of a dismissal, a grievance may be filed by an employee who feels he was unjustly dealt with. Such grievance must be filed within five (5) working days from the date of dismissal and shall commence at STEP TWO. In any subsequent disposal of this case during the grievance procedure, the Employer may re-instate the employee with full back pay, suspend the employee for a definite period or sustain the discharge. 15.04 Grievances concerning rates shall be handled in accordance with the above procedure and the disposition of such grievances, if sustained, shall include the determination of the effective date of the increase with retro-activity thereto. 15.05 The Employer and the Union may file grievances commencing at STEP THREE. (a) Failing settlement under the foregoing procedure, such grievance may be submitted to Arbitration, as hereinafter provided; (b) The time limits as prescribed above may be modified by mutual agreement of the parties.

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