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ACKNOWLEDGEMENT
In developing the Code of Ethics, the Hong Kong Institute of Architects and the
Hong Kong Institute of Surveyors, with the permission of the Hong Kong
International Arbitration Centre, had used the Hong Kong International
Arbitration Centre’s Code of Ethical Conduct for Arbitrators as a starting point.
The Hong Kong Institute of Architects and the Hong Kong Institute of
Surveyors acknowledges such assistance.
INTRODUCTION
The Oxford English Dictionary defines 'ethics' as "moral principles or rules of
conduct". A Code of Ethics provides a set of moral principles according to
which one can conduct one's affairs.
The purpose of adopting a Code of Ethics for arbitrators is not only to serve as
a guide to the conduct of arbitrators, but also to serve as a point of reference
for users of the arbitration process and to promote public confidence in
arbitration as a suitable forum for resolving disputes. The Code itself is not a
rigid set of rules but is a reflection of internationally acceptable norms.
In some instances the ethics set down herein may be repeated in legislation
governing the arbitration, case law or rules which parties adopt. In many
instances, members will also be bound by other codes of practice or conduct
imposed upon them by virtue of membership of primary professional
organisations.
RULES
Rule One
An arbitrator has an overriding obligation to act fairly and impartially as
between the parties, at all stages of the proceedings.
Rule Two
An arbitrator shall be free from bias and shall disclose any interest or
relationship likely to affect his impartiality or which might reasonably create an
appearance of partiality or bias. This is an ongoing duty and does not cease
until the arbitration has concluded. Failure to make such disclosure itself may
create an appearance of bias, and may be a ground for disqualification.
An arbitrator shall not permit outside pressure, fear of criticism or any form of
self-interest to affect his decisions. An arbitrator shall decide all the issues
submitted for determination after careful deliberation and the exercise of his
own impartial judgment.
An arbitrator in communicating with the parties shall avoid impropriety or the
appearance of impropriety. There shall be no private communications between
an arbitrator and any party, regarding substantive issues in the case. All
communications, other than proceedings at a hearing, should be in writing.
Any correspondence shall remain private and confidential and shall not be
copied to anyone other than the parties to the dispute, without the agreement
of the parties.
An arbitrator shall not accept any gift or substantial hospitality, directly or
indirectly, from any party to the arbitration, except in the presence of the other
parties and/or with their consent.
Rule Three
An arbitrator shall only accept an appointment if he has suitable experience
and ability for the case and available time to proceed with the arbitration.
Rule Four
An arbitrator shall be faithful to the relationship of trust and confidentiality
inherent in that office.
Rule Five
An arbitrator's fees and expenses must be reasonable taking into account all
the circumstances of the case. An arbitrator shall disclose and explain the
basis of fees and expenses to the parties.
Rule Six
Arbitrators may publicise their expertise and experience but shall not actively
solicit appointment as arbitrators.
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