Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002)

Regulations

Alternative Dispute Resolution Regulations

Chapter III : Alternative Dispute Resolution Procedure

21. Impartiality and independence

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(1)An adjudicator must be impartial and independent and must disclose to the provider any circumstances affecting the adjudicator's impartiality or independence before accepting an appointment to decide a dispute.

 

(2)If, at any stage during the dispute, circumstances arise that may affect the impartiality or independence of an adjudicator, that adjudicator must promptly disclose such circumstances to the provider.

 

(3)If an adjudicator has disclosed circumstances that may affect the impartiality or independence of the adjudicator, the provider should determine whether an alternate adjudicator should be appointed.

 

(4)Any party may inform the provider of circumstances that affect or may affect the impartiality or independence of the adjudicator, following which the provider should determine whether an alternate adjudicator should be appointed.

[Regulation 21(4) inserted by regulation 12 of Notice No. 1246, GG 41237, dated 10 November 2017]