Common use of Conduct of Arbitrators Clause in Contracts

Conduct of Arbitrators. The arbitrators shall: (a) have experience or expertise in public international law, international investment rules, or in dispute settlement derived from international investment agreements; (b) be independent from the Parties and the claimant, and not be affiliated with or receive instructions from any of them; (c) not take instructions from any organisation or government with regard to matters before the tribunal for which they are appointed; (d) avoid creating an appearance of bias and not be influenced by self-interest, outside pressure, political considerations, public clamour, loyalty to a Party, disputing party or any other person involved or participating in the proceeding, fear of criticism or financial, business, professional, family or social relationships or responsibilities; (e) not, directly or indirectly, incur any obligation, or accept any benefit, enter into any relationship, or acquire any financial interest that would in any way interfere, or appear to interfere, with the proper performance of their duties, or that is likely to affect their impartiality; (f) not use their position as a member to advance any personal or private interests and avoid actions that may create the impression that others are in a special position to influence them; (g) perform their duties thoroughly and expeditiously throughout the course of the proceeding, and with fairness and diligence; (h) avoid engaging in ex parte contacts concerning the proceeding; and (i) consider only those issues raised in the proceeding and which are necessary for a decision or award and not delegate this duty to any other person.

Appears in 9 contracts

Samples: Investment Protection Agreement, Investment Protection Agreement, Investment Protection Agreement

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Conduct of Arbitrators. The arbitrators shall: (a) have experience or expertise in public international law, international investment rules, or in dispute settlement derived from international investment agreements; (b) be independent from the Parties and the claimant, and not be affiliated with or receive instructions from any of them; (c) not take instructions from any organisation or government with regard to matters before the tribunal for which they are appointed; (d) avoid creating an appearance of bias and not be influenced by self-self- interest, outside pressure, political considerations, public clamour, loyalty to a Party, disputing party or any other person involved or participating in the proceeding, fear of criticism or financial, business, professional, family or social relationships or responsibilities; (e) not, directly or indirectly, incur any obligation, or accept any benefit, enter into any relationship, or acquire any financial interest that would in any way interfere, or appear to interfere, with the proper performance of their duties, or that is likely to affect their impartiality; (f) not use their position as a member to advance any personal or private interests and avoid actions that may create the impression that others are in a special position to influence them; (g) perform their duties thoroughly and expeditiously throughout the course of the proceeding, and with fairness and diligence; (h) avoid engaging in ex parte contacts concerning the proceeding; and (i) consider only those issues raised in the proceeding and which are necessary for a decision or award and not delegate this duty to any other person.

Appears in 2 contracts

Samples: Promotion and Protection of Investments Agreement, Promotion and Protection of Investments Agreement

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