Rules and Ethics for Prospective and Appointed Arbitrators Pursuant to the Canada Transportation Act

The following provides guidelines on the standards of impartiality, independence, competence, diligence and discretion that are required of arbitrators appointed by the Agency pursuant to the Canada Transportation Act (the Act).

  1. Arbitrators shall proceed fairly, diligently and efficiently in order to provide the parties with a just and effective resolution of the dispute.

  2. Prospective arbitrators shall accept an appointment only when they:

    • are competent to determine the issues in dispute;

    • are 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

    • are able to discharge the required duties without bias.

  3. It is inappropriate to contact parties in order to solicit an appointment as arbitrator.

  4. Any direct or indirect business, social or professional relationship between an arbitrator and a party, or with a person who is known to be a potential witness in the arbitration, that may give rise to a perceived bias, will compel a prospective arbitrator to decline an appointment, unless the parties otherwise agree in writing.

  5. Prospective arbitrators should disclose all facts or circumstances that may give rise to justifiable doubts as to their impartiality or independence. The duty of disclosure continues throughout the arbitration proceedings.

  6. If prospective arbitrators are approached by one party alone, they 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.

  7. Following their appointment, arbitrators should avoid any ex parte communications regarding the arbitration with any party, or its representatives or witnesses. Should such communication occur, the arbitrator shall inform the other party.

  8. Either prior to, during or after an arbitration, arbitrators should not accept any gifts or hospitality, directly or indirectly, from any party to the arbitration over which they have presided. Presiding arbitrators should avoid significant social or professional contact with any party to the arbitration, other than in the presence of the other party.

  9. Arbitrators shall make no unilateral arrangements for fees or expenses.

  10. All arbitrators shall conduct the arbitration in accordance with the requirements of the Act and in such a manner that the costs do not rise unreasonably.

  11. The decision of the arbitrators shall remain confidential unless the parties release them from this obligation.

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