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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. |
