Arbitration

Code of Ethics

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

As approved by CONIMA - National Council of Mediation and Arbitration Institutions

I - FREE WILL OF THE PARTIES

Arbitrators shall recognize that the arbitration is based on the free will of the parties and, thus, their activities shall be focused on such assumption.

Explanatory Notes

The principle of free will is the backbone of the arbitration institute, from the parties' freedom to transact property rights available in a business, the free choice for arbitration to settle their disputes with the inclusion of the arbitration clause in the executed agreement, to the establishment of arbitration rules and the time to enter the award.

This principle shall not, under any circumstances, be relegated to the background by arbitrators in the performance of their duties, since their authority is delegated by the parties and limited by them to matters related to their interest in the dispute.

II - FUNDAMENTAL PRINCIPLES

In performing its function, arbitrators shall act with impartiality, independence, competence, diligence and confidentiality as well as require that these principles be strictly observed by the parties and by BCAM, aiming to make a fair and effective decision of the dispute.

Explanatory Note

Arbitrators are chosen as a result of the confidence placed on them by the parties or BCAM, from the beginning, with their appointment, throughout the course of the procedure, until its end, with the entry of the award. Such confidence placed on them is inherent in the decision to be entered as well as in their conduct in any arbitration proceedings, for which arbitrators shall always be impartial, to avoid any privilege to one party; independent, i.e., not bound to any of the parties to the dispute; competent, i.e., being aware of the parameters established by the parties to enter their award; and diligent, assuming that they shall make their best efforts to investigate the facts related to the dispute, to the extent possible.

III – ARBITRATORS AND THEIR APPOINTMENT

Arbitrators shall accept the responsibility if they are convinced that they can fulfill their task with skill, speed, impartiality and independence.

Explanatory Notes

Arbitrators shall only accept to be appointed if they have the necessary skills and time available to meet the reasonable expectations of the parties;

Arbitrators shall disclose to the parties, in view of their appointment, any interest or (business, professional or social) relationship that they may have or have had with any of them likely to affect their impartiality and independence or their image derived from such factors

IV – ARBITRATORS AND THE ACCEPTANCE OF RESPONSIBILITY

Once the appointment is accepted, arbitrators are committed to the parties and shall meet the terms agreed at the time of their appointment.

Arbitrators shall not resign, except for a serious reason preventing them from performing their function.

 

Explanatory Notes

 

After the arbitrators accept the responsibility, they shall be deemed to have already evaluated their impartiality and the capacity to act independently, promptly and competently.

 

The resignation of arbitrators is not advisable, except in exceptional cases. Their appointment and acceptance of the office binds them to the proceedings until the end. Their resignation may cause such proceedings to be terminated, with the beginning of new proceedings, upon appointment of a new arbitrator.

V –ARBITRATORS AND THEIR CONDUCT BEFORE THE PARTIES

Arbitrators shall, before the parties:

1 – Be careful and truthful and refrain from making promises and guarantees regarding the results.

2 - Avoid an improper or questionable conduct or the appearance of an improper or questionable conduct.

3 – Focus on the commitment of the arbitration agreement, not having any other commitment to the Party who appointed them.

4 - Disclose any interest or relationship likely to affect independence or which might create an appearance of partiality.

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

Explanatory Notes

Arbitrators shall act with prudence in their relationship with the parties. Their relationship shall not be doubtful as to their impartiality and independence.

Arbitrators are the judges of the arbitration proceedings, so their behavior shall necessarily comply with the position they hold.

The fact that an arbitrator was appointed by one of the party does not mean that such arbitrator is bound to such party; on the contrary, it shall remain independent and impartial before both parties.

Arbitrators shall behave honestly and politely towards the parties, during the proceedings and outside them.

VI –RELATIONSHIP AMONG ARBITRATORS

Arbitrators shall:

1 – Comply with the principles of politeness and solidarity

2 - Be respectful in acts and words;

3 - Avoid making any derogatory references to arbitrations under the responsibility of another arbitrator;

4 – Uphold the proceedings and respect the individuality of the arbitrators, including in the event of any replacements.

VII – ARBITRATORS AND THE PROCEEDINGS

Arbitrators shall:

1 - Uphold the integrity of the proceedings;

2 - Act with fairness and diligence;

3 - Decide impartially, independently and according to their free conviction;

4 – Not disclose the facts and circumstances revealed by the parties before, during and after the arbitration proceedings;

5 - Behave with care, making their best efforts for the parties to feel supported and have the expectation of a steady development of the arbitration proceedings;

6 - Ensure the preservation of documents.

Explanatory Notes

All duties listed in this item assume that the arbitrators’ conduct is unquestionable, being free from any criticism by the parties or other persons who may be interested in the dispute. Hence it is essential that arbitrators uphold the integrity of the proceedings correctly and honestly in all their actions and attitudes.

VIII ARBITRATORS AND BCAM

Arbitrators shall:

1 - Work for the good quality of services provided by BCAM;

2 – Comply with the qualification standards required by BCAM;

3 - Accept the institutional and ethical rules of the arbitration;

4 - Uphold and abide by this Code of Ethics, informing BCAM of any violation of its rules.

 

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