This Code of Ethics applies to the conduct of all arbitrators.

In accordance with the provisions approved by CONIMA - National Council of Mediation and Arbitration Institutions

I – AUTONOMY OF THE PARTIES' WILL

The arbitrator must recognize that arbitration is based on the autonomy of the parties' will, and should center their actions around this premise.

Explanatory Notes

The principle of autonomy of the parties' will is the cornerstone of arbitration. It is established from the freedom of parties to transact available property rights in a business, the free choice to opt for arbitration to resolve disputes by including an arbitration clause in the contract, setting rules for the arbitration procedure, to determining a timeframe for rendering the arbitral award.

This principle should never be disregarded by the arbitrator during their performance, as their authority is delegated by the parties and delimited by them concerning aspects related to their interests within the dispute.

II – FUNDAMENTAL PRINCIPLES

In the performance of their function, the arbitrator shall proceed with impartiality, independence, competence, diligence, and confidentiality, and shall demand that these principles be strictly observed by the parties and the CBMA, aiming to provide a fair and effective resolution of the dispute.

Explanatory Note

The arbitrator's authority is derived from the trust vested in them by the parties or the CBMA, from the beginning, through their appointment, throughout the proceeding, to its conclusion with the rendering of the award. This trust is intrinsic to the decision that will be made as well as to the arbitrator's conduct throughout the arbitral process. Therefore, the arbitrator must always be impartial, avoiding any favoritism toward one party over the other; independent, not being bound to any of the parties involved in the dispute; competent, meaning they must have a deep understanding of the parameters set by the parties to render their decision; and diligent, assuming they will spare no effort in investigating the facts related to the dispute.

III – THE ARBITRATOR UPON THEIR APPOINTMENT

The arbitrator shall accept the appointment if convinced that they can fulfill their task with competence, expediency, impartiality, and independence.

Explanatory Notes

The arbitrator should only accept their appointment when they possess the necessary qualifications and availability of time to meet the reasonable expectations of the parties;

The arbitrator should disclose to the parties, upon their appointment, any interest or relationship of any nature (business, professional, or social) that they may have or have had with any of the parties, which could affect their impartiality and independence or compromise their image due to those factors.

IV – THE ARBITRATOR UPON ACCEPTING THE DUTY

Once the appointment is accepted, the arbitrator will be bound by the parties, and must adhere to the terms agreed upon at the time of their investiture.

The arbitrator should not resign, except in exceptional cases, due to grave reasons that render them incapable of fulfilling the function.

Explanatory Notes

Once the arbitrator has accepted the duty, it is understood that they have already evaluated that they are impartial and can act independently, expeditiously, and competently.

Resignation of the arbitrator is not advisable, except in exceptional cases. Their appointment and acceptance of the position bind them to the process until the end. Their resignation may lead to the termination of the proceeding and the initiation of a new one, following the appointment of a new arbitrator.

V – THE ARBITRATOR TOWARDS THE PARTIES

The arbitrator shall, towards the parties:

1 – Exercise prudence and truthfulness, refraining from making promises and guarantees about the results.

2 – Avoid conduct or the appearance of improper or questionable behavior.

3 – Adhere to the commitment inherent in the arbitration agreement and not have any other commitment with the party that appointed them.

4 – Disclose any interest or relationship that may likely affect their independence or create an appearance of bias or predisposition.

5 – Be loyal and faithful to the relationship of trust and confidentiality inherent to their office.

Explanatory Notes

The arbitrator must act with utmost prudence in their relationship with the parties. Their relationship should not cast any doubt on their impartiality and independence.

The arbitrator is the judge of the arbitral proceeding; therefore, their behavior must necessarily align with the position they hold.

The fact that the arbitrator was appointed by one of the parties does not mean they are bound to that party; on the contrary, they must remain independent and impartial towards both.

They must maintain an upright and courteous behavior towards the parties, both inside and outside the process.

VI – THE ARBITRATOR TOWARDS OTHER ARBITRATORS

The arbitrator shall, in relation to other arbitrators:

1 – Observe the principles of cordiality and solidarity;

2 – Be respectful in actions and words;

3 – Avoid making derogatory references in any way to arbitrations that they know are or have been handled by another arbitrator;

4 – Preserve the process and the person of the arbitrators, including in case of possible replacements.

VII – THE ARBITRATOR TOWARDS THE PROCESS

The arbitrator shall:

1 – Maintain the integrity of the process;

2 – Conduct the procedure with fairness and diligence;

3 – Decide with impartiality, independence, and in accordance with their free conviction;

4 – Maintain confidentiality regarding the facts and circumstances disclosed by the parties before, during, and after the conclusion of the arbitral procedure;

5 – Behave diligently, striving for the parties to feel supported and have the expectation of a proper development of the arbitral process;

6 – Safeguard the documents.

Explanatory Notes

All the duties listed in this section presuppose an impeccable conduct by the arbitrator, in the sense that they should not be subject to any criticism from the parties or other parties with an interest in the dispute. Therefore, it is essential for them to uphold the integrity of the process, conducting it in a proper manner with utmost rectitude in all actions and attitudes.

VIII – THE ARBITRATOR TOWARDS THE CBMA

The arbitrator shall:

1 – Collaborate to ensure the quality of services provided by the CBMA;

2 – Maintain the qualification standards required by the CBMA;

3 – Adhere to the institutional and ethical rules of arbitration;

4 – Submit to this Code of Ethics, informing the CBMA of any violation of its rules.