Rules of Ethics for Prospective Arbitrators Appointed Pursuant to Part IV of the Canada Transportation Act
The following provides guidelines on standards of impartiality, independence, competence, diligence and discretion that need to be met by an arbitrator appointed by the Agency pursuant to Part IV of the Canada Transportation Act (the Act).
- Arbitrators shall proceed fairly, diligently and efficiently in order to provide the parties with a just and effective resolution of their dispute.
- A prospective arbitrator shall accept an appointment only when he/she:
- is competent to determine the issues in dispute;
- is able to give the arbitration the time and attention which the parties are reasonably entitled to expect, including the ability to hear, consider and decide the arbitration within the statutory timelines set out in the Act; and
- is able to discharge his/her duties without bias.
- It is inappropriate to contact parties in order to solicit an appointment as arbitrator.
- Any direct or indirect business, social or professional relationships between an arbitrator and a party, or with a person who is known to be a potential witness in the arbitration, will normally give rise to a reasonable apprehension of bias and on this account a potential arbitrator should decline to accept an appointment, unless the parties agree in writing that he/she may proceed.
- A prospective arbitrator should disclose all facts or circumstances that may give rise to justifiable doubts as to his/her impartiality or independence. The duty of disclosure continues throughout the arbitration proceedings.
- If a prospective arbitrator is approached by one party alone, he/she should ensure that the other party has consented to this contact and should, following the contact, inform the other party of the substance of the matters raised.
- Following his/her appointment, an arbitrator should avoid any ex parte communications regarding the arbitration with any party, or its representatives or witnesses and should such communication occur, the arbitrator should inform the other party.
- Either prior to, during or after an arbitration, an arbitrator should not accept any gift or substantial hospitality, directly or indirectly, from any party to the arbitration over which he/she has presided. Presiding arbitrators should avoid significant social or professional contacts with any party to the arbitration, other than in the presence of the other party.
- The arbitrator shall make no unilateral arrangements for fees or expenses.
- All arbitrators should devote such time and attention as the parties and circumstancesmay reasonably require, and shall conduct the arbitration in accordance with the requirements of the Act and in such a manner that the costs do not rise unreasonably.
- The decision of the arbitrator remains confidential unless the parties release the arbitrator from this obligation.