The Egyptian Center for Arbitration
and Settlement Non-Banking Financial Disputes
 

Arbitrator Non-conflict of interest declaration

Declaration

The undersigned arbitrator acknowledges that he has read and understood the rules of conflict of interest described in this declaration and agrees to abide by them, including his duty to disclose any current or potential conflict throughout the duration of the mediation process.

Introduction:

The purpose of this obligation is to protect parties’ interests.  In opposition to public judges, arbitrators can engage in other activities, which may generate a belief that there is a conflict of interest.

Definition of conflict of interest:

A private interest, material or moral, direct or indirect that might affect the independence or impartiality of the arbitrator while rendering an arbitral award.

Procedures:

1. The general rule

The arbitrator must comply with the obligations of independence and impartiality, from the moment of the acceptance of his mission and throughout the period of the arbitration procedures until the issuance of the arbitral award.

1.  The Arbitrator’s obligation to disclose

1. The arbitrator shall provide the Centre, within one week after being notified with his appointment, with a signed declaration of impartiality and independence.
2. The prospective arbitrator shall disclose any facts or circumstances that might affect or raise doubts to his impartiality, independence or might be perceived to create a conflict of interest.
3. The arbitrator shall, since his appointment and throughout the arbitration proceedings, disclose any of the new facts, circumstances or relationships as soon as they occur, provided that any doubt must be explained in favor of the obligation to disclose.
4. The arbitrator shall disclose if he previously participated in the subject to arbitration that is presented to the arbitral tribunal, whether by looking, examining, expressing an opinion, or in any other way during the five years preceding the arbitration procedures.
5. The arbitrator shall disclose if he has previously worked, consulted or had a contractual or non-contractual relationship,direct or indirect, in any mean with the parties.

1. Obligation to avoid contact between the mediator and the parties

   1.The arbitrator shall, throughout the arbitration procedures, avoid making individual communications              with any of the parties regarding the arbitration, and in the event that this occurs, he shall inform the             rest  of  the parties and arbitrators of the content of the communications.

1. The arbitrator shall avoid any conduct that would hinder the hearings, disrupt access to the settlement of the dispute and any action that would affect his impartiality or independence.
2. The arbitrator shall not engage directly or indirectly with the parties or their representatives regarding his fees.
3. The arbitrator shall not accept gifts or benefits directly or indirectly from the parties or their representatives, whether before, during or after the commencement of the arbitration proceedings and whether in cash or in any kind.
4. The arbitrator shall avoid entering into any relationship, obtaining any financial interests or accepting any benefit that is likely to affect his neutrality or that may lead to an inappropriate appearance or fear of bias.

1. Signature