IMC International ADR Centre

IMC International ADR Centre

Disputes Get Resolved Here

CODE OF ETHICS AND CONDUCT & DISCLOSURE RULES FOR ARBITRATORS 2016 (CODE 16)

Frequently Asked Questions (FAQs)

FAQ 1: What are the aspects that a person should consider in order to be satisfied that he or she is, “fit and qualified” to accept an appointment as Arbitrator?
Answer: The satisfaction is subjective and based on facts generally known only to the person in question.

Briefly, a person should satisfy him/herself by asking oneself the following questions namely:

a)   Whether that person is fully satisfied that he or she has sufficient time available to conduct the               arbitration proceedings promptly with the speed that parties are entitled to expect.
b)  Whether he or she will be able to discharge his duties without any influence, fear of criticism,               self-interest or bias.
c)  Whether he/she, has adequate knowledge of subject matter and the language of the                         arbitration.
FAQ 2: What are the nature of facts and circumstance that may justifiably give rise to doubts as to his/her impartiality or independence?
Answer: The Arbitrators have a duty to evaluate their facts and circumstances and ensure that their conduct does not give rise to doubts as to their impartiality or independence.
Any relationship or interest likely to create conflict of interest or a justifiable apprehension of bias should be disclosed.

The Arbitrators are expected to maintain the highest standards and persons contemplating acceptance of appointment as Arbitrators are advised to consider this issue with care and caution to uphold the integrity of the arbitration process and the institution and when necessary to withdraw from the appointment.

When any doubts arise as to whether an arbitrator should disclose certain facts or circumstances, then the Arbitrators should make a disclosure.

As a guidance some illustrative examples of circumstances which have been regarded as giving rise to justifiable doubts as to an Arbitrator’s impartiality or independence are set out in Lists A and B to the Code.
FAQ 3: Would it be fair and proper for an Arbitrator to assist parties to arrive at a settlement?
Answer: An Arbitrator/s function is to decide on the dispute, however, it is not incompatible with an arbitration agreement for an Arbitral Tribunal to encourage settlement of the dispute. Arbitrators should not act as legal advisors nor act as advocates of a party. With the agreement of the parties the Arbitral Tribunal may use mediation, conciliation or other procedures to encourage settlement.

One Arbitrator out of an Arbitral Tribunal of three, if alone, should refrain from actively assisting a settlement or remaining present or participating in arriving at a settlement.
FAQ 4: Is an Arbitral Tribunal bound to make an Award in terms of a settlement agreement between parties if requested by them?
Answer: Where parties arrive at and agree upon a settlement of issues in dispute and jointly request an Arbitrator to embody that agreement in an award, an Arbitral Tribunal may do so if it has no objection thereto. An Arbitral Tribunal shall satisfy itself that the settlement agreement is not in contravention of law.
FAQ 5: Is it permissible for an Arbitrator to discuss a case with a party?
Answer: Arbitrators should not discuss the case with any party in the absence of other parties to the arbitration. Arbitrators should not act as advisors to any party.
FAQ 6: Is it permissible for a Panel Arbitrator to mention the fact that he/she is a panel Arbitrator of IIAC or use the logo of IIAC on their visiting cards?
Answer: An Arbitrator may mention his qualifications if any as an Arbitrator or the fact that he is a panel Arbitrator of IIAC on his business card, however, he/she shall not use IIAC logo. An Arbitrator will not canvass for work as an Arbitrator but is at liberty to indicate his/her general willingness to serve as an Arbitrator when asked.
NOTE: These FAQs are in nature of guidance to understand the spirit of the Code and are not intended to interpret the meaning of language used in the Code.