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Guidelines for Dispute Resolution - Nigerian Communications ...

Guidelines for Dispute Resolution - Nigerian Communications ...

7. Confidentiality of

7. Confidentiality of the Deliberations8. CostsThe deliberations of the Arbitrator, and the contents of the award itself, remainconfidential in perpetuity unless the parties release the Arbitrator from hisobligation.Costs of the reference shall be in accordance with the NCC schedule of fees andexpenses.9. Award(a) Any award made by the arbitrator or arbitral tribunal, shall be inwriting and signed by the arbitrator or arbitrators.(b) Where the arbitral tribunal comprises of more than one arbitrator, thesignatures of a majority of all the members of the arbitral tribunalshall suffice if the reason for the absence of any signature is stated.(c) The arbitral tribunal shall state on the award ;i. the reasons upon which it is based, unless the parties have agreedotherwiseii. the date it was made; andiii. the place of the arbitration(d) A copy of the award, made and signed by the arbitrators in accordancewith paragraphs (a) and (b) of this section shall be delivered to eachparty.10. ProcedureAn Arbitrator should adopt a procedure in which to run the arbitration which is inaccordance with the wishes of the parties. If the parties are unable to agree aprocedure, the Arbitrator should set the procedure. The procedure should be suchas to resolve the dispute quickly, efficiently and economically.11. Cancellation Fees11.1 Cancellation charges are intended to compensate the Arbitrator for any loss likelyto be suffered as result of time set aside for hearing not being required and for theinconvenience caused by cancellations. The Arbitrator should make fullallowance for the possibility of mitigating his loss with respect to such charges.30

12. Retention of DocumentsAn Arbitrator should adopt the following policy:1. Original documents – offer to return them to the relevant party orsolicitor at the end of the period for appeal against the award plusone month;2. Photocopied documents – as for original documents;3. Correspondence relating to the appointment, the pleading, directions,proofs of evidence and documents relating to the calculation of fees,these should be retained for six months for a straightforward caseand for up to seven years for a complex case;4. Notes of the arbitration and the report of any assessor- these shouldbe retained for up to seven years;5. The award – this should be retained indefinitely.CODE OF ETHICAL CONDUCTRule OneAn Arbitrator has an overriding obligation to act fairly and impartially as between theparties, at all stages of the proceedings.Rule TwoAn Arbitrator shall be free from bias and shall disclose any interest or relationship likelyto affect his impartially or which might reasonably create an appearance of partiality orbias. This is an ongoing duty and does not cease until the arbitration has concluded.Failure to make such a disclosure itself may create an appearance of bias, and may be aground for disqualification.An Arbitrator shall not permit outside pressure, fear of criticism or any form of selfinterest to affect his decisions. An Arbitrator shall decide all the issues submitted fordetermination after careful deliberation and the exercise of his own impartial judgment.An Arbitrator in communicating with the parties shall avoid impropriety or theappearance of impropriety. There shall be no private communications between anarbitrator and any party, regarding substantive issues in the case. All communication,31

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