Common use of Governing Principles Clause in Contracts

Governing Principles. 1. Each arbitrator shall be independent and impartial, and shall avoid direct or indirect conflicts of interest. 2. Each arbitrator and former arbitrator shall respect the confidentiality of Tribunal proceedings. 3. Each candidate or arbitrator shall disclose the existence of any interest, relationship, or matter that is likely to affect the candidate's or arbitrator's independence or impartiality, or that might reasonably create an appearance of impropriety or an apprehension of bias. An appearance of impropriety or an apprehension of bias is created when a reasonable person, with knowledge of all the relevant circumstances that a reasonable inquiry would disclose, would conclude that a candidate's or arbitrator's ability to carry out the duties with integrity, impartiality, and competence is impaired. 4. Upon appointment, an arbitrator shall refrain, for the duration of the proceeding, from acting as counsel or party- appointed expert or witness in any pending or new investment dispute under this Agreement or any other international investment treaty. 5. This Code of Conduct shall be interpreted in a manner consistent with other internationally recognized standards or guidelines regarding direct or indirect conflicts of interest, such as the International Bar Association Guidelines on Conflicts of Interest in International Arbitration. 6. In the event of an alleged breach of this Code of Conduct, the Rules governing the arbitration shall apply to any challenge, disqualification, or replacement of an arbitrator.

Appears in 1 contract

Samples: Investment Agreement

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Governing Principles. 1. Each arbitrator shall be independent and impartial, and shall avoid direct or indirect conflicts of interest. 2. Each arbitrator and former arbitrator shall respect the confidentiality of Tribunal proceedings. 3. Each candidate or arbitrator shall disclose the existence of any interest, relationship, or matter that is likely to affect the candidate's ’s or arbitrator's ’s independence or impartiality, or that might reasonably create an appearance of impropriety or an apprehension of bias. An appearance of impropriety or an apprehension of bias is created when a reasonable person, with knowledge of all the relevant circumstances that a reasonable inquiry would disclose, would conclude that a candidate's ’s or arbitrator's ’s ability to carry out the duties with integrity, impartiality, and competence is impaired. 4. Upon appointment, an arbitrator shall refrain, for the duration of the proceeding, from acting as counsel or party- party-appointed expert or witness in any pending or new investment dispute under this Agreement relating to the Arrangement or any other international investment treatytreaty or arrangement. 5. This Code of Conduct shall be interpreted in a manner consistent with other internationally recognized standards or guidelines regarding direct or indirect conflicts of interest, such as the International Bar Association Association’s Guidelines on Conflicts of Interest in International Arbitration. 6. In the event of an alleged breach of this Code of Conduct, the Rules governing the arbitration shall apply to any challenge, disqualification, or replacement of an arbitrator.of

Appears in 1 contract

Samples: Arrangement for the Promotion and Protection of Investments

Governing Principles. 1. Each arbitrator shall be independent and impartial, and shall avoid direct or indirect conflicts of interest. 2. Each arbitrator and former arbitrator shall respect the confidentiality of Tribunal tribunal proceedings. 3. Each candidate or arbitrator shall disclose the existence of any interest, relationship, or matter that is likely to affect the candidate's or arbitrator's independence or impartiality, or that might reasonably create an appearance of impropriety or an apprehension of bias. An appearance of impropriety or an apprehension of bias is created when a reasonable person, with knowledge of all the relevant circumstances that a reasonable inquiry would disclose, would conclude that a candidate's or arbitrator's ability to carry out the duties with integrity, impartiality, and competence is impaired. 4. Upon appointment, an arbitrator shall refrain, for the duration of the proceeding, from acting as counsel or party- appointed expert or witness in any pending or new investment dispute under this Agreement or any other international investment treaty. 5. This Code of Conduct shall be interpreted in a manner consistent with other internationally recognized standards or guidelines regarding direct or indirect conflicts of interest, such as the International Bar Association Guidelines on Conflicts of Interest in International Arbitration. 6. In the event of an alleged breach of this Code of Conduct, the Rules governing the arbitration shall apply to any challenge, disqualification, or replacement of an arbitrator.

Appears in 1 contract

Samples: Free Trade Agreement

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Governing Principles. 1. Each arbitrator shall be independent and impartial, and shall avoid direct or indirect conflicts of interest. 2. Each arbitrator and former arbitrator shall respect the confidentiality of Tribunal proceedings. 3. Each candidate or arbitrator shall disclose the existence of any interest, relationship, or matter that is likely to affect the candidate's ’s or arbitrator's ’s independence or impartiality, or that might reasonably create an appearance of impropriety or an apprehension of bias. An appearance of impropriety or an apprehension of bias is created when a reasonable person, with knowledge of all the relevant circumstances that a reasonable inquiry would disclose, would conclude that a candidate's ’s or arbitrator's ’s ability to carry out the duties with integrity, impartiality, and competence is impaired. 4. Upon appointment, an arbitrator shall refrain, for the duration of the proceeding, from acting as counsel or party- party-appointed expert or witness in any pending or new investment dispute under this Agreement or any other international investment treaty. 5. This Code of Conduct shall be interpreted in a manner consistent with other internationally recognized standards or guidelines regarding direct or indirect conflicts of interest, such as the International Bar Association Guidelines on Conflicts of Interest in International Arbitration. 6. In the event of an alleged breach of this Code of Conduct, the Rules governing the arbitration shall apply to any challenge, disqualification, or replacement of an arbitrator.of

Appears in 1 contract

Samples: Investment Agreement

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