Code Of Arbitrator_Hangzhou International Arbitration Court

Article 1 The arbitrators shall be independent, impartial, serious and diligent in hearing cases based on the facts, pursuant to the laws, with reference to the international practices and based on the principles of fairness and reasonableness

Article 2 During the case hearing period, the arbitrators shall remain independent and impartial, treat the parties equally, and shall not show partiality to any party, or be influenced by pressure or private interest in marking awards, so as to safeguard the legitimate rights of the parties.

Article3 The arbitrators shall know well the arbitration procedures and hearing processes, and shall strive to improve their professional competence and case management skills.

Article 4 The arbitrators shall show mutual respect to each other, and shall actively cooperate with and support each other in hearing the cases.

Article 5 By accepting appointment from the parties concerned or designation by the Chairman of the Arbitration Commission, the arbitrators shall make sure that they have the experience and competence to settle the cases, and can guarantee to hear and settle the cases in time. In any of the following circumstances where hearing of the cases might be affected, the arbitrators shall take the initiative to make a statement and refuse the appointment or designation:

(I)They are not familiar with the specialty relevant to the cases;

(II)They will be absent for 20 days or longer during the case hearing period;

(III)They cannot afford time for hearing the cases;

(IV)They cannot devote themselves to the hearing of the case due to heavy work;

(V)They cannot participate in the hearing of the case due to health problems;

(VI)They have five or more pending cases in this Arbitration Commission (a case that is heard in a reasonable manner is counted as one case).

Article 6 In any of the following circumstances, the arbitrators shall make disclosure to the Arbitration Commission and take the initiative to request for avoidance:

(I)They are a party to the case or the close relative of a party to the case or its attorney;

(II)They have an interest in the outcome of case;

(III)They have other relations with a party to the case or its attorney, with prejudice to impartiality of the arbitration;

(IV)They have met privately with a party to the case or its attorney, or accepted any entertainment or gifts from a party or its attorney.

For the purpose of Sub-clause (III) in the preceding paragraph, the term “other relations” refers to:

(I)The arbitrator has previously provided advice about the case;

(II)The arbitrator is now the legal advisor or agent of the party, or once acted as the legal advisor of the party and quitted the job for not more than two years;

(III)The arbitrator is employed by the same organization with the party or its attorney, or was employed by the same organization with the party or its attorney but later quitted the job for not more than two years;

(IV)The arbitrator has recommended or introduced attorney to the party of the case;

(V)The arbitrator has served as witness, appraiser, investigator, defendant, or agent ad litem of the case or any other cases related to the said case;

(VI)Other matters that may affect impartiality of arbitration.

Article 7 The arbitrators shall read the evidence and supporting materials submitted by the party in detail so as to prepare for examination in the hearing. Before hearing, the chief arbitrator may organize panel discussion based on details of the case, to specify the hearing scope, key points (the hearing scheme is submitted by the chief arbitrator) and division of work.

Article 8 After the arbitral tribunal confirms the hearing date, the arbitrators shall not affect the hearing of the case at will for private affairs. If an arbitrator anticipates that he/she could not participate in the hearing, he/she shall give a notice to the chief arbitrator and the Secretariat seven days prior to the first hearing (or three days prior to the second hearing), and shall take reasonable remedies.

Any failure to comply with the preceding paragraph shall be constructed as absence without good reasons.

Article 9 The arbitrators shall participate in the hearing, panel discussion, field investigation and other examinations of the case on time, and shall not be absent, late or leave early without good reasons. After the arbitral tribunal is established, if an arbitrator has to be absent for more than one week before conclusion of the case, with prejudice to hearing, panel discussion or making award, he/she shall give a notice to the chief arbitrator or the Secretariat together with the relevant contact information. Any failure to comply with the preceding paragraph, leading to delay in hearing, panel discussion and making award, shall be construed as delay without good reasons.

Article 10 During the case hearing period, the arbitrators shall not accept any entertainment, gifts or other advantages given by the parties or their attorney; shall not privately meet a party or its attorney, or accept any evidence and materials provided by this party or its attorney; and shall not discuss the arbitration case concerned with a party or its attorney in any ways (including telephone, fax, telex, e-mail and other direct or indirect ways). During the mediation period, if the arbitrators should meet with a party or its attorney alone based on the decision of the arbitral tribunal, the meeting shall be held in the office of the Arbitration Commission in the presence of the responsible clerk.

Article 11 At the time of hearing, the arbitrators shall listen to the statements and defense opinions of the parties and their attorneys objectively, fairly and patiently, and shall pay attention to asking questions and expressing their opinions in standard, accurate words and methods to avoid arbitrariness and partiality. Save as the mediation procedures, the arbitrators shall not express any opinions about nature and accountability of the case, or argue with the parties to avoid dispute or antagonism with the parties before the facts are ascertained.

By the end of hearing, the chief arbitrator or the sole arbitrator shall ask the parties concerned for final opinions.

Article 12 The arbitrators shall pay attention to appearance, dressing properly and behaving in a becoming manner. Arbitrators shall not look over or use the mobile phones and/or beep-pager at the time of hearing and/or inquiry, and shall not access the arbitration court at will or do other things irrelevant to hearing.

Article 13 The arbitrators shall strictly keep the arbitration confidential, and shall not disclose any information about the case to the public, including case details, hearing process, case related trade secrets and other contents; they also shall not reveal their own opinions and panel discussion of the arbitral tribunal to the parties.

Without consent of the Arbitration Commission, the arbitrators shall not discuss the pending cases with any irrelevant persons, or publish or discuss the particulars of the cases at meeting, in the class, on the Internet or in other public places.

Article 14 The arbitrators shall not pry into any unrelated cases for others, or give entertainment, gifts or advantages to this regard.

The arbitrators shall not apply to the people’s court for revocation or non-enforcement of any arbitral awards that they make or participate in making for the parties.

Article 15 While acting as the attorney of a case, the arbitrators shall comply with the following requirements:

(I) Obey the hearing time and deadline for submission of the legal instruments;

(II)Do not discuss other cases in which they act as arbitrator with the arbitrator or the clerk of the case concerned in the presence of the party concerned or the attorney of the other party;

(III)Do not discuss the case details with the arbitrator or the clerk of the case concerned privately;

(IV)Do not express to the party or attorney that they have close relation with the arbitrator and/or the clerk of the case concerned;

(V)Take the initiative to tell the party the possible circumstances that they shall avoid due to capacity of arbitrator, if any;

(VI)Do not raise any requests inconsistent with their capacity as attorney to the arbitral tribunal and the clerk.

Article 16 During the appointment period, if an arbitrator has any of the following circumstances, the Arbitration Commission shall have the right to remove the arbitrator:

(I) The arbitrator conceals any facts that he/she shall avoid;

(II)The arbitrator does not attend panel discussion or investigation for three times without good reasons;

(III)The arbitrator does not appear in the court to hear the case without good reasons;

(IV)In the hearing of the case, the arbitrator acts partially and has any of the following circumstances repeatedly:

1.Delays the case hearing intentionally;

2.Refuses to explain the reasons, and insists the award in favor of a party;

3.Wrests the facts and laws deliberately, and firmly supports the request and claim of a party, or firmly stands out against the request and claim of a party;

4.Examines the evidence, defense or ask request for a party to the other party in violation of the impartiality principle in hearing;

5.Shows other tendency to partiality.

(V)The arbitrator delays in hearing of the case;

(VI)The arbitrator discloses personal opinions or panel discussion of the arbitral tribunal to the party concerned;

(VII)The arbitrator violates this Code, and is irresponsible;

(VIII)The arbitrator practices favoritism for personal gain or renders an award by perverting law;

(IX)The arbitrator commits major mistakes in determination of facts, or application of laws and arbitration procedures for personal reasons, or causes adverse impact on the Arbitration Commission by other personal behaviors;

(X)During the appointment period, the arbitrator privately meets the party, and accepts entertainment, gifts or other advantages given by the party;

(XI)The arbitrator inquires about the details of the case, or gives entertainment, gifts, advantages or benefits on behalf of others;

(XII)Other circumstances where the arbitrator violates this Code and is unsuitable to act as the arbitrator continuously.

Article 17 The arbitrators shall participate in business learning and training, discussion and experience exchange activities organized by the Arbitration Commission, and accept necessary appraisal.

Article 18 If the arbitrators have to attend the arbitration related meetings or activities, express articles or make a speech in the name of the Arbitration Commission, they shall obtain prior consent from the Arbitration Commission.

Article 19 In case of any changes to the telephone numbers or mailing addresses of the arbitrators during the appointment period, they shall give a notice to the Secretariat of the Arbitration Commission in time.

Article 20 The arbitrators may put forward opinions, recommendations or requirements to the Arbitration Commission or the Secretariat at any time.