Code of Conduct For Arbitrators
  1. General
    For the purpose of this Code of Conduct, ‘JAIAC Rules’ means JAIAC Arbitration Rules and JAIAC Fast Track Arbitration Rules.
  2. Appointment

    1. When approached with an appointment, an arbitrator shall conduct reasonable inquiries with regard to a potential conflict of interest that may arise from his appointment for that particular matter that may affect impartiality and independence. The International Bar Association (IBA) Guidelines on Conflict of Interest will be a point of reference in disclosure requirement and whether an arbitrator is conflicted.

    2. An arbitrator shall only accept an appointment if he is fully satisfied that he is independent of the parties at the time of the appointment, and is able to remain so until final award has been rendered, able to discharge his duties without bias, has adequate knowledge of the language of the proceedings, has adequate experience and ability for the case at hand, and is able to give to the proceedings the time and attention which parties are reasonably entitled to expect.

  3. Disclosure

    1. A prospective arbitrator shall disclose to the JAIAC, the Parties and/or co-panellist (if any) of all facts or circumstances that may give rise to justifiable doubts as to his impartiality or independence as soon as the information becomes available.

    2.  The International Bar Association (IBA) Guidelines on Conflict of Interest will be a point of reference in determining the disclosure requirement and whether an arbitrator is conflicted.
    3. Before accepting appointment, a prospective arbitrator must disclose:
      a.
      Any past or present close personal relationship or 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 to the arbitration;
      b.
      The extent of any prior knowledge he may have of the dispute.

    4. Following such disclosure, the Secretary General shall reassess the suitability of the arbitrator for the matter at hand and retains the discretion to appoint a different Arbitrator.

    5. This duty of disclosure shall continue throughout the arbitration with regard to new facts and circumstances
    6. Failure to disclose may be a basis of removal as a JAIAC Arbitrator even if the non-disclosed facts or circumstances do not justify the removal or disqualification.


  4. Communications

    1. All communications other than proceedings at a hearing should be in writing.

    2. Before accepting an appointment, an arbitrator may only enquire as to the general nature of the dispute, the names of the parties, the amount in dispute and the expected time period required for the proceeding.

    3. No arbitrator shall confer with any of the parties or their counsel until after the Secretary-General gives notice of the formation of the Tribunal or Panel to the parties.

    4. Throughout the arbitral proceedings, an arbitrator shall avoid any unilateral communications regarding the case with any party or its representatives. If such communication should occur, the arbitrator should inform the other party or parties and co-arbitrators, if any, of its substance.

    5. Any correspondence between arbitrator and parties shall remain private and confidential and shall not be copied to anyone other than the parties to the dispute and the JAIAC, unless the parties agree otherwise.


  5. Termination on Corruption, Unlawful or Illegal Activities

  6. Conduct during proceedings

  7. Fees

  8. Confidentiality