1. Appointment

1.1 A prospective arbitrator shall accept an appointment only if:

  1. he is fully satisfied that he is able to discharge his duties independently and without any bias;
  2. he has adequate knowledge of the language of the arbitration; and
  3. he is able to give to the arbitration the time and attention that the parties are reasonably entitled to expect.

 

1.2 If the prospective arbitrator is aware of any potential time constraints in the next 6-12 months on his ability to discharge his duties if he is appointed as an arbitrator, he shall, without breaching any existing confidentiality obligations, disclose details of such time constraints to CIICA’s Secretariat. CIICA reserves the right to refuse to appoint the prospective arbitrator if it is of the view that the prospective arbitrator will not be able to discharge his duties due to such potential time constraints.

1.3 The prospective arbitrator confirms that he understands that while fixing the quantum of fees payable to the arbitrator, CIICA’s Secretariat will take into account any failure by the prospective arbitrator to discharge his duties to ensure the fair, expeditious, economical and final determination of the dispute.

 

 

2. Disclosure

2.1 A prospective arbitrator shall disclose all facts or circumstances that may give rise to justifiable doubts as to his impartiality or independence. This duty shall continue throughout the arbitral proceedings with regard to any new facts and circumstances.

2.2 A prospective arbitrator shall disclose to the Secretariat and any party who contacts him for a possible appointment:

  • any past or present close personal/professional/business relationship, whether direct or indirect, with any party to the dispute, or any representative of a party, or any person known to be a potentially important witness in the arbitration;
  • the extent of any prior knowledge he may have of the dispute.

 

3. Bias

3.1 Any close personal relationship or current direct or indirect professional/business relationship between an arbitrator and a party, or any representative of a party, or with a person who is known to be a potentially important witness, will normally give rise to justifiable doubts as to a prospective arbitrator’s impartiality or independence. Past professional/business relationships will only give rise to justifiable doubts if they are of such nature as to be likely to affect a prospective arbitrator’s judgment. He should decline to accept an appointment in such circumstances unless the parties agree in writing that he may proceed.

 

 

4. Communications

4.1 Before accepting an appointment, an arbitrator can only inquire about the general nature of the dispute, the names of the parties and the expected time period required for the arbitration.

4.2 Subject to the applicable arbitration rules, no arbitrator shall confer with any of the parties or their counsel until after the Secretariat gives notice of the formation of the Tribunal to the parties.

4.3 During the course of the arbitral proceedings, an arbitrator shall avoid any unilateral communications regarding the case with any party or its representatives.

 

 

5. Fees

5.1 In accepting an appointment, an arbitrator agrees to the fees fixed by CIICA, and he shall make no separate arrangements with any of the parties or their counsel for any additional fees or expenses, except with the express agreement of the Secretariat.

 

 

6. Confidentiality

6.1 An arbitrator is in a relationship of trust with the parties and should not, at any time, use confidential information acquired during the course of the proceedings to gain personal advantage or advantage for others, or to adversely affect the interest of another.

6.2 This Code of Ethics cannot constitute grounds for the setting aside of any award.