855 - 12 44 00 22
April 30, 2015
9.1 When approached with a view of appointment, a prospective arbitrator should make sufficient enquiries in order to inform himself not only whether there may be justifiable doubts regarding his impartiality or independence but also whether he is competent to resolve the dispute and able to give the arbitration the time and full attention required as referred to in Article 2 above. He or she may also respond to enquiries from those approaching him or her, provided that such enquiries are designed to determine his or her qualifications, availability and independence and impartiality for the appointment and provided that the merits of the case are not discussed.

In the event that a party or the arbitrator which has already been appointed wishes to appoint an arbitrator or a presiding arbitrator, the prospective arbitrator or presiding arbitrator shall inform the other party or parties, or the other arbitrator in order for his or her appointment be acknowledged.

9.2 Throughout the arbitral proceeding, an arbitrator should avoid any unilateral communications regarding the case with any party or its representatives.

9.3 Throughout the arbitral proceeding, except during any hearings or meetings, an arbitrator shall communicate with the parties or their representatives only in writing.

9.4 If an arbitrator becomes aware that a co-arbitrator has been in irregular communication with a party or has acted or is acting otherwise in violation of this Code, he or she shall inform the remaining arbitrator and they should together determine what action should be taken. Normally, the appropriate initial course of action is to request the offending arbitrator to refrain from making any further improper communications with the party or from making any further impropriety. If the offending arbitrator fails or refuses to refrain from such improper communications or further impropriety, the remaining arbitrators may inform the innocent party in order for him or her consider what action he or she should take. An arbitrator may act unilaterally to inform a party of the conduct of another arbitrator in order to allow the said party to consider a challenge against the offending arbitrator only in extreme circumstances, and after having communicated his or her intention to the other arbitrators in writing.

9.5 Sole arbitrators and presiding arbitrators should be particularly meticulous in avoiding significant social or professional contacts with any party to the arbitration other than in the presence of the other party.

9.6 No arbitrator should accept any gift or substantial hospitality, directly or indirectly, from any party to the arbitration.
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