Code of Ethics in Arbitration
The use of arbitration to resolve a wide range of disputes has grown significantly and now undeniably forms a significant part of the system of justice on which our society relies for fair determination of legal rights. Arbitrators therefore undertake crucial responsibilities to the parties concerned in the disputes. The responsibilities also include critical obligations.
At TIPC, Arbitrators are required to comply with ethical standards and follow ethical guidelines.
- Arbitrators have a responsibility not only to the parties seeking resolution to a dispute but also to the arbitration process itself. Arbitrators must therefore observe high standards of conduct, so that integrity and fairness of the process is preserved.
- The ethical obligations of an Arbitrator last for the whole duration of the arbitral process – from acceptance of the appointment as Arbitrator and continue throughout all the stages of the proceedings until its final closure.
- Arbitrators are required to conduct themselves in a way that is fair to all parties and should not be influenced by any outside pressure, by fear of criticism or by self-interest.
- Disclosures should be made before acceptance of appointment as an Arbitrator.
- Disclosures should be made to all parties involved in the Arbitration Process.
- Disclosures include
- Any direct or indirect financial or personal interest in the outcome of the Arbitration.
- Any present or past relationships relating to financial, business, professional, family or social relationships, which may impact impartiality or create a perception of partiality or bias.ny
- Any conflict of interest
- Arbitrators should adhere to the rules referred to in the agreement of the parties or applicable arbitration rules selected for the arbitration proceedings.
- In as far as is reasonable and unless specified otherwise, Arbitrators are required to discuss all matters relating to the arbitration to all parties.
- All communications in writing should be sent to the parties at the same time.
- An Arbitrator should conduct the proceedings equitably and all the parties should be treated with fairness and impartiality throughout the proceedings.
- An Arbitrator should show exemplary behaviour and be courteous to the parties.
- An Arbitrator should perform its duties diligently until the final closure of the Arbitration proceeding.
- An Arbitrator should deliberate carefully, decide all matters equitably, exercise independent judgement and should not be influenced by external pressures in any decision.
- An Arbitrator should not delegate the duty to decide to any other person.
- An Arbitrator is not allowed to use any confidential information acquired during an arbitration proceeding, to gain any personal advantage or to impact adversely any other party.
- o Unless otherwise agreed, an Arbitrator should maintain all matters relating to the arbitration proceedings and decisions, as confidential.