Common use of Independence and Impartiality of Arbitrators Clause in Contracts

Independence and Impartiality of Arbitrators. (a) An arbitrator shall be independent and impartial. An arbitrator shall act fairly and shall not create the appearance of impropriety or a fear of bias. (b) An arbitrator shall not be influenced by self-interest, outside pressure, political considerations, public pressure, loyalty to a Party or fear of criticism. (c) An arbitrator may not, directly or indirectly, incur any obligation or accept any benefit that would in any way interfere, or appear to interfere, with the proper performance of his or her duties. (d) An arbitrator shall not use his or her position on the arbitral tribunal to promote personal or private interests. An arbitrator shall avoid actions that may create the impression that others are in a special position to influence him or her. An arbitrator shall make every effort to prevent or discourage others from purporting to have such influence. (e) An arbitrator shall not allow his or her past or present financial, business, professional, family or social relationships or responsibilities to influence his or her conduct or judgment. (f) An arbitrator shall avoid entering into any relationship or acquiring any financial interest which is likely to influence his or her impartiality or which might reasonably create the appearance of impropriety or a fear of bias. (g) If an arbitrator's interest, personal relationship or matter is incompatible with subparagraphs (a) through (f), the arbitrator may accept appointment to an arbitral tribunal or may continue to serve on an arbitral tribunal, as appropriate, if the Parties waive the violation or if, after the arbitrator has taken steps to cure the violation, the Parties determine that the incompatibility no longer exists.

Appears in 1 contract

Samples: Free Trade Agreement

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Independence and Impartiality of Arbitrators. (a) 1. An arbitrator shall be independent and impartial. An arbitrator shall act fairly in a fair manner and shall not create the an appearance of impropriety or a fear an apprehension of bias. (b) 2. An arbitrator shall not be influenced by self-interest, outside pressure, political considerations, public pressureclamour, loyalty to a Party disputing party or a non-disputing Party, or fear of criticism. (c) 3. An arbitrator may shall not, directly or indirectly, incur any obligation or accept any benefit that would in any way interfere, or appear to interfere, with the proper performance of his or her duties. (d) 4. An arbitrator shall not use his or her position on the arbitral tribunal Tribunal to promote advance any personal or private interests. An arbitrator shall avoid actions that may create the impression that others are in a special position to influence him or herthe arbitrator. An arbitrator shall make every effort to prevent or discourage others from purporting to have representing themselves as being in such influencea position. (e) 5. An arbitrator shall not allow his or her past or present ongoing financial, business, professional, family family, or social relationships or responsibilities to influence his or her conduct or judgment. (f) 6. An arbitrator shall avoid entering into any relationship relationship, or acquiring any financial interest which interest, that is likely to influence affect his or her impartiality or which that might reasonably create the an appearance of impropriety or a fear an apprehension of bias. (g) 7. If an arbitrator's interest, personal relationship relationship, or matter of a candidate or arbitrator is incompatible inconsistent with subparagraphs (a) paragraphs 1 through (f)6, the arbitrator candidate may accept appointment to a Tribunal, and an arbitral tribunal or arbitrator may continue to serve on an arbitral tribunal, as appropriatea Tribunal, if the Parties disputing parties waive the violation or if, after the candidate or arbitrator has taken steps to cure ameliorate the violation, the Parties disputing parties determine that the incompatibility no longer existsinconsistency has ceased.

Appears in 1 contract

Samples: Investment Agreement

Independence and Impartiality of Arbitrators. (a) 1. An arbitrator shall be independent and impartial. An arbitrator shall act fairly in a fair manner and shall not create the an appearance of impropriety or a fear an apprehension of bias. (b) 2. An arbitrator shall not be influenced by self-interest, outside pressure, political considerations, public pressureclamour, loyalty to a Disputing Party or a non-disputing Participant, or fear of criticism. (c) 3. An arbitrator may shall not, directly or indirectly, incur any obligation or accept any benefit that would in any way interfere, or appear to interfere, with the proper performance of his or her duties. (d) 4. An arbitrator shall not use his or her position on the arbitral tribunal Tribunal to promote advance any personal or private interests. An arbitrator shall avoid actions that may create the impression that others are in a special position to influence him or herthe arbitrator. An arbitrator shall make every effort to prevent or discourage others from purporting to have representing themselves as being in such influencea position. (e) 5. An arbitrator shall not allow his or her past or present ongoing financial, business, professional, family family, or social relationships or responsibilities to influence his or her conduct or judgment. (f) 6. An arbitrator shall avoid entering into any relationship relationship, or acquiring any financial interest which interest, that is likely to influence affect his or her impartiality or which that might reasonably create the an appearance of impropriety or a fear an apprehension of bias. (g) 7. If an arbitrator's interest, personal relationship relationship, or matter of a candidate or arbitrator is incompatible inconsistent with subparagraphs (a) paragraphs 1 through (f)6 of this Article, the arbitrator candidate may accept appointment to a Tribunal, and an arbitral tribunal or arbitrator may continue to serve on an arbitral tribunal, as appropriatea Tribunal, if the Disputing Parties waive the violation or if, after the candidate or arbitrator has taken steps to cure ameliorate the violation, the Disputing Parties determine that the incompatibility no longer existsinconsistency has ceased.

Appears in 1 contract

Samples: Arrangement for the Promotion and Protection of Investments

Independence and Impartiality of Arbitrators. (a) 1. An arbitrator shall be independent and impartial. An arbitrator shall act fairly in a fair manner and shall not create the an appearance of impropriety or a fear an apprehension of bias. (b) 2. An arbitrator shall not be influenced by self-interest, outside pressure, political considerations, public pressureclamour, loyalty to a Party disputing party or a non-disputing Party, or fear of criticism. (c) 3. An arbitrator may shall not, directly or indirectly, incur any obligation or accept any benefit that would in any way interfere, or appear to interfere, with the proper performance of his or her duties. (d) 4. An arbitrator shall not use his or her position on the arbitral tribunal Tribunal to promote advance any personal or private interests. An arbitrator shall avoid actions that may create the impression that others are in a special position to influence him or herthe arbitrator. An arbitrator shall make every effort to prevent or discourage others from purporting to have representing themselves as being in such influencea position. (e) 5. An arbitrator shall not allow his or her past or present ongoing financial, business, professional, family family, or social relationships or responsibilities to influence his or her conduct or judgment. (f) 6. An arbitrator shall avoid entering into any relationship relationship, or acquiring any financial interest which interest, that is likely to influence affect his or her impartiality or which that might reasonably create the an appearance of impropriety or a fear an apprehension of bias. (g) 7. If an arbitrator's interest, personal relationship relationship, or matter of a candidate or arbitrator is incompatible inconsistent with subparagraphs (a) 1 through (f)6, the arbitrator candidate may accept appointment to a tribunal, and an arbitral tribunal or arbitrator may continue to serve on an arbitral a tribunal, as appropriate, if the Parties disputing parties waive the violation or if, after the candidate or arbitrator has taken steps to cure ameliorate the violation, the Parties disputing parties determine that the incompatibility no longer existsinconsistency has ceased.

Appears in 1 contract

Samples: Free Trade Agreement

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Independence and Impartiality of Arbitrators. (a) 1. An arbitrator shall be independent and impartial. An arbitrator shall act fairly in a fair manner and shall not create the an appearance of impropriety or a fear an apprehension of bias. (b) 2. An arbitrator shall not be influenced by self-interest, outside pressure, political considerations, public pressureclamour, loyalty to a Party disputing party or a non-disputing Party, or fear of criticism. (c) . . An arbitrator may shall not, directly or indirectly, incur any obligation or accept any benefit that would in any way interfere, or appear to interfere, with the proper performance of his or her duties. (d) . . An arbitrator shall not use his or her position on the arbitral tribunal Tribunal to promote advance any personal or private interests. An arbitrator shall avoid actions that may create the impression that others are in a special position to influence him or herthe arbitrator. An arbitrator shall make every effort to prevent or discourage others from purporting to have representing themselves as being in such influence. (e) a position. . An arbitrator shall not allow his or her past or present ongoing financial, business, professional, family family, or social relationships or responsibilities to influence his or her conduct or judgment. (f) . . An arbitrator shall avoid entering into any relationship relationship, or acquiring any financial interest which interest, that is likely to influence affect his or her impartiality or which that might reasonably create the an appearance of impropriety or a fear an apprehension of bias. (g) . . If an arbitrator's interest, personal relationship relationship, or matter of a candidate or arbitrator is incompatible inconsistent with subparagraphs (a) paragraphs 1 through (f)6, the arbitrator candidate may accept appointment to a Tribunal, and an arbitral tribunal or arbitrator may continue to serve on an arbitral tribunal, as appropriatea Tribunal, if the Parties disputing parties waive the violation or if, after the candidate or arbitrator has taken steps to cure ameliorate the violation, the Parties disputing parties determine that the incompatibility no longer existsinconsistency has ceased.

Appears in 1 contract

Samples: Investment Agreement

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