Arbitration / ARBITRATOR ETHICS RULES

ARBITRATOR ETHICS RULES

OF THE MIDDLE COMMERCIAL ARBITRATION CENTER

(Effective as of June 01, 2021)

The Arbitrators of the Middle Commercial Arbitration Center (Center) commit to adhere the following professional ethics rules:

Rule 1. Impartiality 

1.1. The Arbitrator has an overriding obligation to act fairly impartially throughout all stages of the proceedings.

1.2. A prospective Arbitrator must decline to accept to resolve a dispute if:

• The Arbitrator is prejudiced against one or the parties or an important 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

• The Arbitrator has expressed legal opinion(s) concerning the nature of the dispute before being selected/appointed as an Arbitrator; or

• There are financial, business, professional, family, or social relationships between the Arbitrator and at least one of the parties, which these relationships benefit him/her in any forms/ways. 

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

1.4. The Arbitrator must not accept any gift or substantial hospitality by any party in the dispute whether direct or indirect.

1.5. The Arbitrator must ensure all parties are facilitated with equal opportunities to present the evidences and arguments on matters related to the dispute. 

Rule 2. Independence

The Arbitrator must resolve the dispute independently, in accordance with the law and the details of the dispute without the impact of any organization or individual.

Rule 3. Disclosure

3.1. During the arbitral proceedings, the Mediator is obliged to promptly notify any incident which may cast doubt on his/her carefree and independence.

3.2. The prospective Arbitrator must disclose to the Centre and the parties:

• 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;

• All information relating to the dispute that the Arbitrator has beforehand being selected/appointed as an Arbitrator.

Rule 4. Confidentiality

The Arbitrator has the obligation to keep the content of the dispute confidential and not use information relating to the course of the proceedings to gain personal advantage or advantage for others or to affect adversely the interest of other people.

Rule 5. Diligence

5.1. The Arbitrator shall only accept to resolve a dispute if he/she has sufficient expertise and time to resolve the dispute. Once accepting to be an Arbitrator, the Arbitrator must conduct the arbitration with due diligence for a prompt resolution.

5.2. Upon the commencement of the arbitral proceedings, the Arbitrator shall acquaint himself/herself with all the facts and arguments presented and all discussions relative to the proceedings so that he/she may properly understand the dispute.

Rule 6. Communication

Throughout the arbitral proceedings, the 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.

Rule 7. Remuneration of Arbitrator

Once accepting to be an Arbitrator, the Arbitrator is construed to accept the rules on the 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.