25
The Neutral Appointing Authority, in appointing an arbitrator or the chair of an Arbitral
Tribunal, must have due regard to:
a) any qualifications as set out in Section 18 or as otherwise agreed in writing by the
Parties; and
b) other considerations as are likely to secure the appointment of an independent and
impartial arbitrator or chair.
Grounds for Challenge
26.
When a individual is approached in connection with possible appointment as an
arbitrator, that individual must provide a written statement:
a) disclosing any circumstances likely to give rise to justifiable doubts as to their
independence or impartiality; or
b) advising that the individual is not aware of any circumstances of that nature and
committing to disclose them if they arise or become known at a later date.
27.
An arbitrator, from the time of appointment and throughout the arbitral proceedings,
must, without delay, disclose to the Parties any circumstances referred to in Section 26
unless the Parties have already been informed of them.
28.
An arbitrator may be challenged only if:
a) circumstances exist that give rise to justifiable doubts as to the arbitrator's
independence or impartiality; or
b) the arbitrator does not possess the qualifications set out in this Appendix or as
otherwise agreed in writing by the Parties.
29.
A Party may only challenge an arbitrator appointed by that Party, or in whose
appointment that Party has participated, for reasons of which that Party becomes aware
after the appointment has been made.
30.
An individual who is a Kitsumkalum Member, or related to a Kitsumkalum Member,
may not be challenged under Section 28 solely on the grounds that they are a
Kitsumkalum Member or on the grounds of that relationship.
Challenge Procedure
31.
A Party who intends to challenge an arbitrator will send to the Arbitral Tribunal a written
statement of the reasons for the challenge within 15 days after becoming aware of the
constitution of the Arbitral Tribunal, or after becoming aware of any circumstances
referred to in Section 28.
32.
Unless the arbitrator challenged under Section 31 withdraws from office, or the other
Parties agree to the challenge, the Arbitral Tribunal must decide on the challenge.
33.
If a challenge under any procedure agreed upon by the Parties or under the procedure
under Section 31 is not successful, the challenging Party, within 30 days after having
received notice of the decision rejecting the challenge, may request the Neutral
Appointing Authority to decide on the challenge.
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