Guest: Lia Smith - 2011-10-21 18:47:31
The Arbitrator's Declaration of Acceptance refers to both the CEITAC Rules of Arbitration and the Ethical Rules for Arbitrators. It is clear that these are two separate sets of rules because the description under the "OR" option refers to these rules in the disjunctive ("may lead to my withdrawal under the CEITAC Rules of Arbitration or Ethical Rules for Arbitrators").
After much searching, though, we have been unable to find the Ethical Rules. CEITAC published them in 1993 and amended them in 1994. Is it possible they were superseded by the recent amendments to the CEITAC Rules of Arbitration?
Any assistance would be greatly appreciated!
ofroitzheim - 2011-10-24 09:52:39
Found them in Journal of International Arbitration, 1995 Volume 12 Issue 2, 15 et seq.
|1.||The arbitrators should fairly and impartially try cases on their facts in accordance with the laws and by reference to international practice.|
|2.||The arbitrators should treat both parties to arbitration equally and should not represent either party.|
|3.||Any person on the arbitrators’ list should not act as an arbitrator in a case where he has previously discussed the case with one of the parties of has given advice.|
|4.||While being appointed, the arbitrators should not accept any gift from the parties and should not hold any meeting with one party alone to discuss the case or accept relevant materials except where the Arbitration Tribunal decides to hold such meeting in the course of conciliation.|
|5.||If the arbitrators think that they have an interest or other relationships in a case which may affect a fair trial of the case, the arbitrators should disclose to the Arbitration Commission their relationship with the parties, such as being a relative; debt, property and monetary relationships; business relationships and relationships in commercial co-operation etc., and should disqualify themselves.|
|6.||The arbitrators should strictly comply with procedures of the Arbitration Rules when trying cases and should give adequate opportunities to the parties to state their cases.|
|7.||After accepting the assignment, the arbitrators should keep the time for commencing the hearing and for the joint discussion. They should not allow anything to affect the hearing of the cases. If they come across some special situations, they should negotiate with the Secretariat first.|
|8.||The arbitrators should read all documents and materials of the cases thoroughly and find out their issues.|
|9.||Before commencing the hearing, the arbitrators should discuss and agree on a hearing plan. The chief arbitrator should put forward his idea about the hearing plan for discussion. If the Arbitration Tribunal is chaired by a sole arbitrator, the sole arbitrator should draft a hearing plan before opening the hearing.|
|10.||When hearing cases, the arbitrators should not be tendentious. They should pay attention to their way of asking questions and expressing their opinion to avoid premature conclusion of critical issues and argument or confrontation with the parties.|
|11.||After hearing the case, the chief arbitrator should, without delay, preside over a joint discussion among the arbitrators and put forward his opinion on implementing the next procedural step or on the drafting of an award.|
|12.||The arbitrators, especially the chief arbitrator, should control the progress of the cases and should keep the time-limit for closing cases as stipulated by the Arbitration Rules.|
|13.||The arbitrators should strictly observe confidentiality and should not divulge any relevant substantial and procedural matters of the cases, including the facts, the course of hearing, the joint discussion, etc., and should not disclose to the parties the opinion of their own and of the joint discussion.|
|14.||The arbitrators are entitled to remuneration for trying cases and the convenience that should be provided by the Arbitration Commission or its Secretariat.|
|15.||The arbitrators can and should participate in the activities organized by the Arbitration Commission for training, discussion or sharing of experience.|
|16.||The arbitrators should obtain prior consent from the Arbitration Commission if they wish to participate, in the name of the Arbitration Commission, in any foreign arbitration conference or activities, publish articles or make speeches.|
The arbitrators can, from time to time, put forward to the Arbitration Commission or its Secretariat their opinions, suggestions and requests on theirwork.
It seems that there are no newer rules. So these rules seem to be effective.
Guest: citation checker - 2011-12-08 06:14:16
has the most recent (til 2008 at least) of the CIETAC ethical rules. these rules were revised in 1994. Unfortunately, I have not found an electronic version of the revised ethical rules. Even the electronic version of Tao, 2008, on http://www.kluwerarbitration.com/book-toc.aspx?book=TOC_Tao_2008_V01 links to the outdated 1993 rules (http://www.kluwerarbitration.com/document.aspx?id=ipn8539) as published in the Journal of International Arbitration (1995 Volume 12 Issue 2 ).
if you get a hardcopy of the book, you can find the CIETAC Ethical rules as revised in 1994.