Adopted with kind permission of the Chartered
Institute of Arbitrators |
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Introduction
The Oxford English Dictionary defines 'ethics' as
"moral principles or rules of conduct". A Code of Ethics provides a set
of moral principles according to which one can conduct one's affairs.
The purpose of adopting a Code of Ethics for arbitrators is not only to
serve as a guide to the conduct of arbitrators, but also to serve as a
point of reference for users of the arbitration process and to promote
public confidence in arbitration as a suitable forum for resolving disputes.
The Code itself is not a rigid set of rules but is a reflection of internationally
acceptable norms.
In some instances the ethics set down herein may be repeated in legislation
governing the arbitration, case law or rules which parties adopt. In many
instances, members will also be bound by other codes of practice or conduct
imposed upon them by virtue of membership of primary professional organisations.
Rule One
An arbitrator has an overriding obligation to
act fairly and impartially as between the parties, at all stages of the
proceedings.
Rule Two
An arbitrator shall be free from bias and shall disclose
any interest or relationship likely to affect his impartiality or which
might reasonably create an appearance of partiality or bias. This is an
ongoing duty and does not cease until the arbitration has concluded. Failure
to make such disclosure itself may create an appearance of bias, and may
be a ground for disqualification.
An arbitrator shall not permit outside pressure, fear of criticism or
any form of self-interest to affect his decisions. An arbitrator shall
decide all the issues submitted for determination after careful deliberation
and the exercise of his own impartial judgment.
An arbitrator in communicating with the parties shall avoid impropriety
or the appearance of impropriety. There shall be no private communications
between an arbitrator and any party, regarding substantive issues in the
case. All communications, other than proceedings at a hearing, should
be in writing. Any correspondence shall remain private and confidential
and shall not be copied to anyone other than the parties to the dispute,
without the agreement of the parties.
An arbitrator shall not accept any gift or substantial hospitality, directly
or indirectly, from any party to the arbitration, except in the presence
of the other parties and/or with their consent.
Rule Three
An arbitrator shall only accept an appointment if he
has suitable experience and ability for the case and available time to
proceed with the arbitration.
Rule Four
An arbitrator shall be faithful to the relationship
of trust and confidentiality inherent in that office.
Rule Five
An arbitrator's fees and expenses must be reasonable
taking into account all the circumstances of the case. An arbitrator shall
disclose and explain the basis of fees and expenses to the parties.
Rule Six
Arbitrators may publicise their expertise and
experience but shall not actively solicit appointment as arbitrators.
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