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Code of Ethics of Arbitrator


                         The Code of Ethics for the SCIA Arbitrators

 

Article 1 An arbitrator should conduct the arbitration independently, impartially, fairly and diligently.

Article 2 One should accept appointment from the party or South China International Economic and Trade Arbitration Commission (also known as Shenzhen Court of International Arbitration, formerly known as China International Economic and Trade Arbitration Commission South China Sub-commission, China International Economic and Trade Arbitration Commission Shenzhen Sub-commission, hereinafter the “SCIA”) as an arbitrator only if fully satisfied:

(1) that he/she is independent with respect to the financial interests or social relationship from the parties, their representatives, witnesses, and other arbitrators;

(2) that he/she can treat each party equally, and does not have a favorable tendency toward the party appointing him/her;

(3) that he/she is competent with the necessary expertise and experience for the resolution of the dispute;

(4) that he/she can be available to conduct the arbitration in accordance with the time limits required by the Arbitration Rules and to devote the time and attention to its completion that the parties are reasonably entitled to expect.

Article 3 Persons who are requested to serve as arbitrators shall, while accepting, disclose in writing any facts or circumstances likely to give rise to justifiable doubts as to his/her impartiality or independence. The obligation to disclose the said facts or circumstances is a continuing duty and does not cease until the end of the arbitration. These facts and circumstances include:

(1) any known financial interests or personal benefits that may have direct or indirect connections to the outcome of the case;

(2) any known existing or past financial, business, professional or personal relationships which might reasonably affect impartiality or lack of independence in the eyes of any of the parties;

(3) the nature and extent of any prior knowledge they may have of the disputeand

(4) any other matters, relationships, or interests which they are obligated to disclose by the agreement of the parties, the arbitration rules, or applicable law regulating arbitrator disclosure.

The written disclosure of the arbitrator shall be communicated to each party and other members of the arbitral tribunal if any.

Article 4 An arbitrator should not accept any gift or substantial hospitality, directly or indirectly, from any party to the arbitration.

Article 5 An arbitrator should withdraw from his or her office voluntarily where there exists any circumstances stipulated in Article 34 of the Arbitration Law of the People’s Republic of      China or other circumstances affecting the impartiality of an arbitrator.

Article 6 An arbitrator should conduct the proceedings fairly and diligently. For this purpose:

(1) An arbitrator should conduct the proceedings in an even-handed manner. The arbitrator should be fair, patient and courteous to the parties and other participants to the arbitration.

(2) An arbitrator should afford to all parties the right to be heard and due notice of the time and place of any hearing. The arbitrator should allow each party a fair opportunity to present its evidence and arguments.

(3) An arbitrator should make reasonable efforts to avoid the delay of arbitration proceedings;

(4) Co-arbitrators should cooperate actively to proceed with the arbitration proceedings.

(5) An arbitrator may suggest to the parties that they discuss the possibility of settlement or the use of mediation, or other dispute resolution processes, but the arbitrator shall not exert pressure on any party to settle or to utilize other dispute resolution processes.

Article 7 An arbitrator should keep confidential all matters relating to the arbitration proceedings, merits and awards, and should not disclose to the parties and anyone outside his/her opinions and the substance of the deliberations.

An arbitrator should not, at any time, use confidential information acquired during the arbitration proceeding to gain personal advantage or advantage for others, or to affect adversely the interest of another.

An arbitrator may obtain help from an assistant(s) in connection with reaching his or her decision, provided the arbitrator shall guarantee that such assistants should be bound by this Code.

After an arbitral award has been made, an arbitrator should not assist in proceedings for enforcing or challenging the award.

An arbitrator who is unable to fulfill his/her functions due to, inter alia, being challenged or voluntary withdrawal from his/her office, should also have obligation to keep confidential.

Article 8 An arbitrator shall avoid impropriety or the appearance of impropriety in communicating with the parties. There shall be no private communications between an arbitrator and any of the parties.

Article 9 An arbitrator shall decide impartially and independently all the issues submitted for determination after careful deliberation. An arbitrator shall not permit outside pressure or any form of self-interest to affect his or her decisions.

An arbitrator shall not delegate the duty to decide to any other person.

Article 10 An arbitrator may engage in advertising or promotion about his/her arbitral services except for untruthful and inaccurate information.

Article 11 Where an arbitrator has contravened this Code, the Arbitration Rules or other regulations of SCIA, seriously in all circumstances, the SCIA Council’s Arbitrator Qualification and Discipline Supervision Committee is entitled to suspend the arbitrator’s qualifications in a certain case and make proposal to the SCIA’s Council for a dismissal of the arbitrator from the Panel.

Article 12 The Code is not an integral part of SCIA Arbitration Rules, and shall not constitute the basis for the judicial review of arbitral awards.

Article 13 The Code has been adopted by the SCIA’s Council, and shall take effect as from December 1, 2012.

 

 







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