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Code of Ethics for Arbitrators in Commercial Disputes

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    Impartiality

    • An arbitrator must carry out her duties with impartiality and independence. She cannot be involved in any activity that would give a sense of favoritism to one side or the other. An arbitrator must be able to maintain independence from all witnesses and parties who are part of the arbitration process. Arbitrators must be able to bring both sides of a dispute to a fair and just agreement.

    Authority

    • When you agree to accept an appointment to serve as an arbitrator, the level of authority you will have is expressed clearly in the contract and guidelines that govern the arbitration process. An arbitrator must conduct all sessions within the authority that has been granted by the arbitration agreement. If at any time you cannot function and fulfill your responsibilities within the limits of authority you have been granted, you will be expected to resign.

    Confidence

    • For an agreement to be readily accepted by both sides of a dispute, the parties must have confidence that the arbitrator will conduct the process with efficiency, avoiding any delay that would increase costs and business losses to both sides in the disagreement. An arbitrator will resist attempts to delay the process, and will take a strong stand against any attempt to harass anyone who is a party to the dispute.

    Disclosure

    • Any person accepting an arbitration appointment must disclose any past or present financial obligations or commitments that could potentially be affected by the outcome of any agreement that is reached. Disclosure must include financial relationships that any relatives or business associates of the arbitrator have with the organizations involved in the resolution of the dispute. At any time during the dispute-resolution process, business connections can change. The arbitrator must remain vigilant to avoid conflict of interest with any party involved in the process.

    Qualifications

    • The qualifications to serve as an arbitrator in commercial disputes are very high. Arbitrators should have at least 10 years of experience as leaders in their profession. Arbitrators should have the educational background and professional licenses that are an indication of their professional and academic status. They usually have training and qualifications in the legal field, and have experience serving as a judge. Arbitrators affiliate themselves with professional organizations that provide support and continuing education.

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