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        1. Code of Conduct for Arbitrators

          The Code is deliberated and adopted by the Chairman’s Council on April 27, 2021 and shall come into force as of May 1, 2021.

           

          I. The Code is formulated to regulate arbitrators’ behavior, strengthen professional ethics and enhance the credibility of arbitration.

          II. Arbitrators shall hear cases independently, impartially, diligently and prudently.

          III. In the arbitration case, arbitrators shall not represent either party and shall treat both parties with equality.

          IV. Arbitrators shall render arbitral awards independently in accordance with the law, not be influenced by any administrative authorities, social organizations or individuals, and shall be responsible for arbitral awards and accept supervision.

          V. One who has discussed the case with either party (or its arbitration agents, the same below) in advance or provided advisory opinions on the case shall not serve as the arbitrator of a case.

          VI. Arbitrators shall not accept gifts or entertainment or any other improper interests from the parties directly or indirectly. Arbitrators shall not meet either party in private or discuss matters or accept documents relating to the case, except where the arbitrator meets either party separately according to the decision of the Arbitral Tribunal during the mediation process.

          VII. An arbitrator who has a conflict of interests in a case that may give rise to reasonable doubts to his or her impartiality and independence shall take the initiative to disclose such conflict of interests to the Arbitration Commission. An arbitrator who is a near relative of a party, has any property and monetary relations, or has business and commercial cooperation with the parties shall request for withdrawal voluntarily.

          VIII. Arbitrators shall hear cases in strict accordance with the provisions set out in the Arbitration Rules and the procedures agreed by the parties, and ensure that the parties are given adequate opportunities to present their case.

          IX. Before accepting an appointment or nomination, arbitrators shall ensure his or her availability for oral hearings and deliberations. Arbitrators shall refuse competing obligations, and shall consult with the Arbitration Court in advance, if absence is required under exceptional circumstances.

          X. Arbitrators shall review all documents and materials of a case carefully to summarize the key issues to hear the case.

          XI. Prior to an oral hearing, an arbitrator shall participate in the deliberations to discuss the hearing scheme; the presiding arbitrator shall propose the draft of the hearing scheme as the basis for discussion. A sole arbitrator shall prepare the hearing scheme before the oral hearing.

          XII. During an oral hearing, an arbitrator shall not show bias and shall pay attention to the manners of asking questions and expressing opinions, avoid making premature conclusions on key issues and avoid contention or confrontation with the parties.

          XIII. Upon completion of an oral hearing, the presiding arbitrator shall organize the arbitral tribunal to have deliberations without delay, and provide opinions on subsequent procedures or the drafting of the arbitral award.

          XIV. Arbitrators, in particular the presiding arbitrators, shall closely follow the overall progress of proceedings in a timely manner, strictly comply with the deadline for case closure set forth in the Arbitration Rules, and draft the arbitral awards diligently.

          XV. Arbitrators shall observe the principle of confidentiality of arbitration and shall not disclose any information including but not limited to the procedures, facts of the case, process of the arbitral proceedings, and deliberations of the tribunals; they shall not disclose, in particular, their own opinions or the deliberations of the tribunal to the parties.

          XVI. Arbitrators shall attend activities or events organized by CIETAC for arbitrators to exchange experience or enhance their knowledge and skills.

          XVII. In the event that an arbitrator needs to attend a meeting or event, publish an article, or make a speech, in the name of arbitrator of CIETAC, he or she shall obtain the approval of CIETAC in advance.

          XVIII. Every arbitrators has an obligation to comply with the applicable provisions of this code.

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