| 6.
Appointment of the Panel and Timing of Decision |
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| (a) |
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Each Provider shall maintain
and publish a publicly available list of Panelists and their qualifications.
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(b) |
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If neither the Complainant nor the Respondent has elected a three-member
Arbitration Panel (Paragraphs 3(b)(iv) and 5(b)(iv)), the Provider
shall appoint, within five (5) calendar days following receipt of
the Response by the Provider, or the lapse of the time period for
the submission thereof, a single Arbitrator from the Providers list
of Panelists to constitute the Arbitration Panel. The fees for a
single-member Arbitration Panel shall be paid entirely by the Complainant.
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(c) |
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If either the Complainant or the Respondent elects to have the dispute
decided by a three-member Arbitration Panel, the Provider shall
appoint three Panelists in accordance with the procedures identified
in Paragraph 6(e). The fees for a three-member Arbitration Panel
shall be paid in their entirety by the Complainant, except where
the election for a three-member Arbitration Panel was made by the
Respondent, in which case the applicable fees shall be shared equally
between the Parties.
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(d) |
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Unless it has already elected a three-member Arbitration Panel,
the Complainant shall submit to the Provider, within five (5) calendar
days of communication of a response in which the Respondent has
elected for a three-member Arbitration Panel, the names and contact
details of three candidates to serve as one of the Panelists (these
candidates must be drawn from the list of Panelists maintained by
the Provider to which the complaint is submitted);
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(e) |
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In the event that either the Complainant or the Respondent elects
a three-member Arbitration Panel, the Provider shall endeavour to
appoint one Panelist from the list of candidates provided by each
of the Complainant and the Respondent. In the event the Provider
is unable within five (5) calendar days to secure the appointment
of a Panelist on its customary terms from either Party's list of
candidates, the Provider shall make the appointment from others
on the Providers list. The third Panelist shall be appointed by
the Provider from a list of five candidates submitted by the Provider
to the Parties, the Provider's selection from among the five being
made in a manner and to the extent possible, that reasonably balances
the preferences of both Parties, as such may be expressed to the
Provider in writing (including email) within five (5) calendar days
of the Provider's submission of the five-candidate list to the Parties.
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(f) |
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Once the entire Arbitration Panel is appointed, the Provider shall
notify the Parties of the Panelists appointed and the date by which,
absent exceptional circumstances, the Arbitration Panel shall forward
its decision on the Complaint to the Provider.
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7. Impartiality
and Independence
A Panelist shall be impartial and
independent and shall have, before accepting appointment, disclosed to
the Provider any circumstances, which could give rise to justifiable doubt
as to the Panelist's impartiality or independence. If, at any stage during
the arbitration proceeding, new circumstances arise which could give rise
to justifiable doubt as to the impartiality or independence of a Panelist,
that Panelist shall promptly disclose such circumstances to the Provider.
In such event, the Provider shall have the discretion to appoint a substitute
Panelist from the Provider's list of Panelists.
8. Communication Between Parties
and the Arbitration Panel
No Party or anyone acting on its
behalf may have any unilateral communication with an Arbitration Panel.
All communications between a Party and the Arbitration Panel, or between
a Party and the Provider shall be made in the manner prescribed in the
Provider's Supplemental Rules.
9. Transmission of the File to
the Arbitration Panel
The Provider shall forward the file
to the Arbitration Panel as soon as the Panelist is appointed in the case
of a Arbitration Panel consisting of a single member, or as soon as the
last Panelist is appointed in the case of a three-member Arbitration Panel.
10. General Powers of the Arbitration
Panel
| (a) |
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An Arbitration Panel shall
conduct the arbitration proceeding in such manner as it considers
appropriate in accordance with the Dispute Resolution Policy, the
Rules of Procedure and the Provider's Supplemental Rules.
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(b) |
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In all cases, an Arbitration Panel shall ensure that the Parties
are treated with equality and that each Party is given a fair opportunity
to present its case.
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(c) |
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Every Arbitration Panel shall ensure that the arbitration proceedings
takes place with due expedition. It may, at the request of a Party
or on its own motion, extend, in exceptional cases, a period of
time fixed by these Rules of Procedure, the Provider's Supplemental
Rules or by the Arbitration Panel.
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(d) |
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The Arbitration Panel shall determine the admissibility, relevance,
materiality and weight of the evidence presented to it.
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