Code of Conduct for Arbitrators
China International Economic and Trade Arbitration Commission (CIETAC)
China Maritime Arbitration Commission (CMAC)
(Adopted on 6 April 1993, as revised on 6 May 1994)
I. An arbitrator shall hear cases independently and impartially based on facts, in accordance with the law, with reference to international practices and in adherence to the principles of justice and fairness.
II. An arbitrator shall not represent either party of a case and shall treat both parties with equality.
III. No one on the Panel of Arbitrators shall serve as the arbitrator of a case if he or she has discussed the case with either party in advance or provided advisory opinions on the case.
IV. An arbitrator shall not accept gifts from the parties during his or her term of service, or meet either party in private to discuss matters or accept materials relating to the case, except where the arbitrator meets either party separately according to the decision of the Arbitral Tribunal during the mediation process.
V. If an arbitrator believes that he or she has a stake or other interests in a case that may prevent the case from being heard in an impartial manner, the arbitrator shall disclose his or her relations with the party in question, for instance, immediate family member, debt relationship, property and monetary relations, and business or commercial cooperation relations, and shall request for withdraw voluntarily.
VI. An arbitrator shall hear cases in strict accordance with the procedures set out in the Arbitration Rules and allow the parties adequate opportunities to present their case.
VII. On accepting an appointment, an arbitrator shall ensure his or her availability for oral hearings and deliberations. He/she shall not allow any other engagement to affect his or her participation in the case, and shall consult with the Secretariat in advance, if absence is required under exceptional circumstances.
VIII. An arbitrator shall review all documents and materials of a case carefully to find out the issues at hand.
IX. Prior to an oral hearing, an arbitrator shall participate in the discussion and finalization of the hearing scheme; the presiding arbitrator shall propose tentative ideas for the hearing scheme to serve as the basis of discussion. Where the tribunal consists of a sole arbitrator, the sole arbitrator shall prepare the hearing scheme properly before the oral hearing starts.
X. During anoral hearing, an arbitrator shall not show bias and shall pay attention to the methods applied for asking questions and expressing opinions, avoid making premature conclusions on key issues and avoid contention or confrontation with the parties.
XI. Upon completion of an oral hearing, the presiding arbitrator shall call and preside over deliberations without delay, with opinions on subsequent procedures or the drafting of the arbitral award.
XII. An arbitrator, especially the presiding arbitrator, shall closely follow the progress of proceedings and comply with the deadline for case closure set forth in the Arbitration Rules.
XIII. An arbitrator shall keep the confidentiality of an arbitration and shall not disclose any information related to its substance or procedure , including facts of the case, arbitral proceedings and deliberations of the tribunal; nor shall an arbitrator disclose, in particular, his or her own opinions or the deliberations of the arbitral tribunal to the parties.
XIV. An arbitrator has the right and obligation to attend seminars or events exchanging arbitration experience organized for arbitrators by CIETAC and/or CMAC.
XV. In the event that an arbitrator needs to attend a meeting or event on arbitration, publish an article, or make a speech, in the name of CIETAC and/or CMAC, as appropriate, he or she shall obtain the approval of such Arbitration Commission(s) in advance.