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April 30, 2015
The use of arbitrations to resolve disputes in the business world has risen dramatically and has formed a very important component in the judicial system that our society needs when it comes to the proper determination of legal rights. Consequently, individuals who serve as arbitrators shall have a clear responsibility to the general public as well as to the parties in dispute. This responsibility shall also include essential ethical obligations.

Arbitrators, like judges, have the power to decide on the case within their jurisdiction. Unlike judges, arbitrators generally have other professions before, during and after they serve as an arbitrator.

This Code of Conduct provides the guiding principles on ethics for all arbitrators who have been registered as a member at the National Commercial Arbitration Centre of Cambodia and those who have been appointed under the Arbitration Rules of the NCAC.

This Code of Conduct is established to ensure neutrality of all arbitrators including the party-appointed arbitrators, unless the parties’ agreement or the arbitration rules agreed upon by the parties or relevant laws provides otherwise.

This Code cannot be used to provide grounds or to limit the discretion of the court in deciding on the setting aside or the recognition and enforcement of any arbitral award.

The Lists that are attached to this Code of Conduct: the Red List and Orange List are meant to provide non-exhaustive enumeration of specific situations which warrant disclosure or disqualification of an arbitrator as described in Articles 3 to 8 below regarding conflicts of interest, and the Green List is to determine any specific situation where an arbitrator has no duty to disclose.
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