Chapter X – Chapter XI Impartiality of divisions

Members of the competent divisions may not take part in the decision on a case:

(i)in which they may have any personal interest (partiality for subjective reasons) or 

(ii)in respect of which the party may have good reasons to suspect partiality (partiality for objective reasons). 

For a partiality objection to be admissible, it must be raised immediately after the party has become aware of the reason for it. It must also be accompanied by a reasoned statement of grounds setting out the supporting facts and arguments and, where appropriate, any evidence. Unsubstantiated and merely general statements, e.g. based on the nationality of the member concerned, are not admissible.

A partiality objection must be submitted to the competent division, which will forward it to the line manager responsible for the division member concerned, along with the member's statement on the facts and circumstances alleged by the party. The line manager will decide on the objection and issue a reasoned decision in writing.

If the partiality objection has been raised in written proceedings and has been found allowable, the division member or members concerned are replaced. If the objection has been found either inadmissible or not allowable, the proceedings will continue. In either case, the line manager's decision will be communicated to the parties as an annex to a communication from the division or to the division's decision, and will be referred to in the facts and submissions part of the division's decision.

If the partiality objection is raised in oral proceedings, they are interrupted to enable the line manager responsible to assess it. They are resumed on the same day, and the parties are informed of the outcome of the assessment. If the line manager considers the challenge allowable, the oral proceedings are adjourned and then continued by a division in which the member concerned has been replaced. If the line manager finds the objection either inadmissible or not allowable, the division will inform the parties accordingly and the oral proceedings will continue. In either case, the line manager's decision will be communicated to the parties, normally as an annex to the division's decision, and will be referred to in the facts and submissions part of that decision.