The undersigned arbitrator, hereby acknowledge that he has thoroughly reviewed and comprehended the regulations governing conflicts of interest as delineated in this declaration. He is committed to adhering to these regulations, including the obligation to disclose any existing or potential conflicts throughout the entirety of the arbitration/mediation process.
Introduction:
This obligation is instituted to safeguard the interests of the involved parties. Unlike public judges, arbitrators may engage in other activities, which could raise concerns regarding conflicts of interest.
Definition of Conflict of Interest:
A private interest, whether material or moral, direct or indirect, which could compromise the independence or impartiality of the arbitrator during the rendering of an arbitral award.
Procedures:
General Rule:
The arbitrator is obligated to uphold the standards of independence and impartiality from the moment they accept their appointment and throughout the arbitration proceedings until the issuance of the arbitral award.
The Arbitrator’s Obligation to Disclose:
1. Within one week of notification of their appointment, the arbitrator shall furnish the Center with a signed declaration affirming their impartiality and independence.
2. The prospective arbitrator must disclose any facts or circumstances that may impinge upon their impartiality, independence, or give rise to a perceived conflict of interest.
3. Throughout the arbitration proceedings, the arbitrator must promptly disclose any newly arisen facts, circumstances, or relationships, with any doubts resolved in favor of the obligation to disclose.
4. The arbitrator must disclose any prior involvement in the subject matter of the arbitration, whether through observation, examination, expression of opinion, or otherwise, within the five years preceding the commencement of the arbitration proceedings.
5. The arbitrator must disclose any previous professional engagements, consultations, or contractual or non-contractual relationships, direct or indirect, with the involved parties.
Obligation to Avoid Contact Between the Arbitrator and the Parties:
1. The arbitrator must refrain from engaging in individual communications with any of the parties regarding the arbitration throughout the proceedings. In the event of such communication, the arbitrator must promptly inform all other parties and arbitrators of its content.
2. The arbitrator must abstain from any conduct that may impede the hearings, obstruct access to dispute resolution, or compromise their impartiality or independence.
3. The arbitrator shall not negotiate directly or indirectly with the parties or their representatives regarding their fees.
4. The arbitrator shall decline any gifts or benefits, whether monetary or otherwise, directly or indirectly from the parties or their representatives, before, during, or after the arbitration proceedings.
5. The arbitrator shall refrain from entering into any relationships, acquiring any financial interests, or accepting any benefits that may influence their neutrality or create an appearance of bias.