Code of Conduct Arbitration
1. Duties and Responsibilities
1.1. At all times, arbitrators shall:
- Be independent and impartial, and shall avoid any direct or indirect conflicts of interest, impropriety, bias and appearance of bias;
- Display the highest standards of integrity, fairness and competence;
- Be available and act with diligence, civility and efficiency;
- Comply with any confidentiality and non-disclosure obligations
2. Independence and Impartiality
2.1. At all times, arbitrators shall:
2.1. Arbitrators shall at all times be independent and impartial.
2.2. Arbitrators shall not:
- Be influenced by self-interest, outside pressure, political considerations, public clamour, loyalty to a party to the proceedings, or fear of criticism;
- Allow any past or ongoing financial, business, professional, family or social relationships to influence their conduct or judgement;
- Take action that creates the impression that others are in a position to influence their conduct or judgement;
- Use their position to advance any personal or private interests; or
- Directly or indirectly, incur an obligation or accept a benefit that would interfere, or appear to interfere, with the performance of their duties
3. Conflicts of Interest: Disclosure Obligations
3.1. Arbitrators shall avoid any direct or indirect conflict of interest. They shall disclose any interest, relationship or matter that could reasonably be considered to affect their independence or impartiality. To this end, arbitrators shall make all reasonable efforts to become aware of such interests, relationships and matters.
3.2. Disclosures made pursuant to paragraph under Schedule 3.1. shall include the following:
(a) Any professional, business and other significant relationships with:
- The parties [and any subsidiaries, parent-companies or agencies related to the parties];
- The parties’ counsel;
- Any present or past arbitrators’ s or experts in the proceeding;
- [Any third party with a direct or indirect financial interest in the outcome of the proceeding];
(b) Any direct or indirect financial interest in:
- The proceeding or in its outcome; and
- An administrative proceeding, a domestic court proceeding or another panel or committee proceeding that involves questions that may be decided in the Centre’s proceeding;
(c) All Centre’s administered cases in which the arbitrator has been or is currently involved as counsel, arbitrator, annulment committee member, expert, [conciliator and mediator]; and
(d) A list of all publications by the arbitrators or candidate [and their relevant public speeches].
3.3. Arbitrators s shall have a continuing duty to promptly make disclosures pursuant to this article.
3.4. Arbitrators should rule in favour of disclosure if they have any doubt as to whether a disclosure should be made. Arbitrators are not required to disclose interests, relationships or matters whose bearing on their role in the proceedings would be trivial.
4. Limit on Multiple Roles
4.1. The arbitrator who is listed on the Centre’s panel shall refrain from acting as counsel, expert witness, judge, agent or in any other relevant role before any Centre administered arbitral tribunal.
4.2. The Arbitrator who sat as arbitrator for matters that involves the same parties shall refrain from acting as counsel, expert witness, judge, agent or in any other relevant role before court or authority.
5. Integrity, Fairness and Competence
5.1. Arbitrators shall have the highest standards of integrity and fairness. They shall ensure that parties are treated with equality and that each party is given a reasonable opportunity of presenting its case.
5.2. Arbitrators shall not engage in ex parte contacts concerning the proceeding.
5.3. Arbitrators shall act with competence and shall take reasonable steps to maintain and enhance the knowledge, skills and qualities necessary to fulfil their duties. Candidates should only accept appointments for which they are competent.
5.4. Arbitrators shall not delegate their decision-making function to any other person.
6. Availability, Diligence, Civility and Efficiency
6.1. Before accepting any appointment, arbitrators shall ensure their availability to hear the case and render all decisions in a timely manner. Upon selection, arbitrators shall be available to perform and shall perform their duties diligently and expeditiously throughout the proceeding. Arbitrators s shall ensure that they dedicate the necessary time and effort to the proceeding and refuse competing obligations. They shall conduct the proceedings so as to avoid unnecessary delays.
6.2. Arbitrators shall refrain from serving in more than 5 pending Centre’s proceedings at the same time so as to issue timely decisions.
6.3. Arbitrators s shall be punctual in the exercise of their functions.
6.4. Arbitrators s shall act with civility, respect and collegiality towards the parties and one another, and shall consider the best interests of the parties.
7. Confidentiality
7.1. Arbitrators s shall not:
- Disclose or use any non-public information concerning, or acquired from, a proceeding except for the purposes of that proceeding;
- Disclose or use any such information to gain personal advantage or advantage for others or to adversely affect the interests of others; and
- Disclose deliberations of a tribunal, or any view expressed by an arbitrators during the deliberations.
7.2. Arbitrators shall not disclose any decision, ruling or award to the parties prior to delivering it to them. They shall not publicly disclose any decision, ruling or award until it is in the public domain and they shall not comment on any decision, ruling or award in which they participated.
8. Pre-appointment Interviews
8.1. Any pre-appointment interview shall be limited to discussion concerning availability of the arbitrators and absence of conflict. Candidates shall not discuss any issues pertaining to jurisdictional, procedural or substantive matters potentially arising in the proceedings.
8.2. If any pre-appointment interview occurs, it shall be fully disclosed to all parties upon appointment of the candidate.
9. Fees and Expenses
9.1. In accepting an appointment, an arbitrator agrees to the fees as set out in the Schedule I and save Rules 61.2 and 61.3, arbitrator shall make no unilateral arrangements with any of the parties or their counsel for any additional fees or expenses.