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Amendment of JCAA Commercial Arbitration Rules |
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The New Rules applies to a case of which a request for arbitration is submitted to the JCAA on or after January 1, 2008.
(New Rule)
| Rule 28. Impartiality and Independence of Arbitrators |
| 1 |
Arbitrators shall be, and remain at all times, impartial and independent. |
| 2 |
When a person is approached in connection with his or her possible appointment as an arbitrator, he or she shall fully disclose to that person any circumstances likely to give rise to justifiable doubts as to his or her impartiality or independence. |
| 3 |
When a person is appointed as an arbitrator, he or she shall, without delay, submit to the Association his or her written undertaking to disclose any and all circumstances likely to give rise to justifiable doubts as to his or her impartiality or independence, or to declare that there are no such circumstances. The Association shall, without delay, send a copy of such undertaking to the parties. |
| 4 |
An arbitrator, during the course of the arbitral proceedings, shall without delay disclose in writing any and all such circumstances to the parties and the Association unless they have already been informed of the circumstances by the arbitrator. |
(Previous Rule)
| Rule 28. Impartiality and Independence of Arbitrators |
| 1 |
Arbitrators shall be, and remain at all times, impartial and independent. |
| 2 |
When a person is approached in connection with his or her possible appointment as an arbitrator, he or she shall fully disclose to that person any circumstances likely to give rise to justifiable doubts as to his or her impartiality or independence. |
| 3 |
An Arbitrator shall, without delay, disclose any and all such circumstances to the parties and the Association unless they have already been informed of the circumstances by the arbitrator. |
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