Code of Ethics for an Arbitrator

VIETNAM INTERNATIONAL ARBITRATION CENTRE

Code of Ethics for an Arbitrator

1. IMPARTIALITY

1.1. An arbitrator has an overriding obligation to act fairly and impartially as between the parties, at all stages of the proceedings.

1.2. A prospective arbitrator must decline to accept to resolve a dispute and/or an arbitrator must resign from his/her position if:

     (i) The arbitrator is prejudiced against any of the parties or against a witness, or in relation to any subject matter of the dispute, which affects his/her decision(s) on the outcome of the dispute resolution; or

   (ii) The arbitrator has expressed legal opinion(s) concerning the nature of the dispute before his/her appointment; or

     (iii) There are financial, business, professional, family or social relationships between him/her and one of the parties, which benefits him/her in any forms / ways.  

1.3. An Arbitrator may publicize his/her expertise and experience but shall not intentionally induce the appointment as arbitrators.

1.4. An Arbitrator must not accept any gift or substantial hospitality, directly or indirectly from any party to the arbitration.

1.5. During the arbitral proceedings, an Arbitrator must ensure parties are facilitated with equal opportunities to present their submissions and evidence on the matters relevant to the dispute.

2. INDEPENDENCE

An Arbitrator must conduct the arbitration independently, in accordance with laws and rules and based on the facts of the dispute. An arbitrator shall not permit outside pressure, fear of criticism or any form of self-interest by any organization or individual to affect his decisions.

3. DISCLOSURE     

3.1. The Arbitrator has the obligation to promptly disclose any interest or relationship likely to affect his impartiality and independence or which might reasonably create an appearance of partiality or dependence. This is an ongoing duty and does not cease until the arbitration has concluded.

3.2. An prospective arbitrator shall disclose to the Centre and the parties:

     (i) Any past or present close personal relationship or business relationship, whether direct or indirect, with any party to the dispute, or any representative of one party, or any person who may become an important witness in the dispute;

      (ii) All information that the Arbitrator has beforehand concerning the dispute. 

4. CONFIDENTIALITY

The arbitral proceedings shall remain confidential and  an Arbitrator has the obligation to keep confidentiality. An arbitrator should not use confidential information acquired during the course of the proceedings to gain personal advantage or advantage for others, or to affect adversely the interest of another.

5. DILIGENCE

5.1. An prospective Arbitrator shall only accept to resolve a dispute if the Arbitrator has sufficient expertise and time to resolve the dispute. Once accepting his/her appointment, the Arbitrator must conduct the arbitration with due diligence for a prompt resolution. 

5.2. Upon the commencement of the arbitration proceedings, the arbitrator shall acquaint himself with all the facts and arguments presented and all discussions relative to the proceedings so that he may properly understand the dispute.

6. COMMUNICATION  

Throughout the arbitral proceedings, an Arbitrator shall not privately or unilaterally meet or communicate with any party, counsel or any representative of a party to exchange on the matters relevant to the dispute. 

7. REMUNERATION OF ARBITRATOR

An Arbitrator accepting the appointment is construed to accept the rules on remuneration of arbitrators at the Centre. The Arbitrator shall not have any unilateral arrangement with a party or the counsel of a party on remuneration and additional expenses.