Cietac Ethical Rules for Arbitrators Essay Example for Free

Cietac Ethical Rules for Arbitrators Essay 1. Each arbitrator shall independently and impartially hear cases on the basis of the facts, in accordance with the law, with reference to international practice and in compliance with the principles of fairness and reasonableness. 2. An arbitrator does not represent either party and shall remain independent of the parties and treat them equally. 3. No arbitrator on the Panel of Arbitrators may be appointed to a case once he/she has discussed the case with either party or given any advisory opinion about the case. 4. Unless otherwise agreed between the parties and the Tribunal during conciliation within arbitration, an arbitrator shall not meet either party independently to discuss the case or accept any materials relevant to the case. In any case, an arbitrator shall not accept any gift from either party. 5. An arbitrator shall disclose to International Economic and Trade Arbitration Commission (hereinafter ‘CIETAC’) his/her relationship with the parties if he considers that there is any conflict of interest or other relationship which may affect his/her impartiality, e.g. lineal consanguinity, obligations, proprietary and financial relationships, service and business relationships, and request voluntary withdrawal. 6. The arbitrators shall hear cases strictly in accordance with the procedure provided by the CIETAC Arbitration Rules, and shall give the parties full opportunity to state their case. 7. The arbitrators shall guarantee sufficient time for hearings and deliberations after the appointment, and the hearing should remain his/her top priority under all circumstances. Arbitrators shall inform the Secretariat immediately if any extraordinary circumstances arise. 8. The arbitrators shall carefully and conscientiously go through the entire documents and materials of the case and find out the main issues. 9. The arbitrators shall discuss the case and work out a plan before hearing the case, and the presiding arbitrator shall put forward a proposal as the basis for the discussion. The sole arbitrator shall work out a plan before the hearing where the arbitral tribunal is composed of one arbitrator. 10. The arbitrators shall stay impartial during the hearing, be wary of the way they ask questions and express opinions, avoid a premature decision on the key issues, and stay away from any argument or confrontation with the parties. 11. Immediately after the hearing, the presiding arbitrator shall preside over the deliberations and give his opinions for the next step in the procedure or the drafting of the final arbitration award. 12. The arbitrators, in particular the presiding arbitrator, shall control the whole process of the hearing, and keep it within the time limits provided by the CIETAC Arbitration Rules. 13. The arbitrators shall maintain strict confidentiality in the case, and shall not disclose to any outsiders any substantive or procedural matters of the case, including the facts, hearing procedure, content of the deliberations, etc. Neither shall he/she disclose his/her opinions or the details of the deliberation to either party. 14. An arbitrator is entitled and encouraged to participate in activities organized by CIETAC, concerning study or experience exchange between arbitrators. 15. An arbitrator who acts on behalf of CIETAC to take part in any meeting or activities related to arbitration or publish articles or give lectures shall obtain permission from CIETAC in advance.