Rules of Ethics for International Arbitrators

Code of Ethics of the Vanocouver Maritime Arbitrators Association (VMAA)

1. A prospective arbitrator shall accept an appointment only if he is fully satisfied that he is able to discharge his duties without bias, he is competent to determine the issues in dispute, he has an adequate knowledge of the language of the arbitration, and he is able to give to the arbitration the time and attention which the parties are reasonably entitled to expect.

2. The criteria for assessing questions relating to bias or impartiality and independence, Partiality arises when an arbitrator favours one of the parties. Dependence arises from relationships between an arbitrator and one of the parties, or with someone closely connected with one of the parties.

3. Any close personal relationship or current direct or indirect business relationship between an arbitrator and a party, or any representative of a party, or with a person who is known to be a potentially important witness, will normally give rise to justifiable doubts as to a prospective arbitrator's impartiality or independence. Past business relationships will only give rise to justifiable doubts if they are of such magnitude or nature as to be likely to affect a prospective arbitrator's judgment. He should decline to accept an appointment in such circumstances unless the parties agree in writing that he may proceed.

4. A prospective arbitrator shall disclose all facts or circumstances that may give rise to justifiable doubts as to his impartiality or independence, such duty to continue throughout the arbitral proceedings.

5. A prospective arbitrator shall disclose :
   
   

   1. any past or present close personal relationship or business relationship, whether direct or indirect, with any party to the dispute, or any representative of a party, or any person known to be a potentially important witness in the arbitration;

   2. the extent of any prior knowledge he may have of the dispute;

   3. the extent of any commitments which may affect his availability to perform his duties as arbitrator as may be reasonably anticipated.

6. Disclosure should be made in writing and communicated to all parties and arbitrators.

7. When approached with a view to appointment, a prospective arbitrator may respond to enquiries from those approaching him, provided that such enquiries are designed to determine his suitability and/or availability for the appointment and provided that the merits of the case are not discussed.

8. Before accepting appointment an arbitrator may only enquire as to the general nature of the dispute, the names of the parties and the expected time period required for the arbitration.

9. No arbitrator shall confer with the party or counsel appointing him regarding the selection of a third arbitrator.

10. Throughout the arbitral proceedings, an arbitrator shall avoid any unilateral communications regarding the case with any party, or its representatives.

11. Unless the parties agree otherwise or a party defaults, an arbitrator shall make no unilateral arrangements for fees or expenses.

12. Once the arbitration proceeding commence each arbitrator shall acquaint himself with all the facts and arguments presented and all discussions relative to the proceedings so that he may properly understand the dispute.

13. All arbitrators shall devote such time and attention as the parties may reasonably require having regard to all the circumstances of the case, and shall do their best to conduct the arbitration in such a manner that costs do not rise to an unreasonable proportion of the interests at stake.

14. Where the parties have so requested, or consented to a suggestion to that effect by the arbitral tribunal, the tribunal as a whole (or the chairman where appropriate), may make proposals for settlement to both parties simultaneously.

15. The deliberations of the arbitral tribunal, and the contents of the award itself, shall remain confidential in perpetuity unless the parties release the arbitrators from this obligation.

16. This Code is not intended to provide grounds for the setting aside of any award.

17. Words herein signifying a male person include a female person.