AIAC CODE OF CONDUCT FOR ARBITRATORS
1. General
1.1 This Code of Conduct is applicable for arbitrations administered by the AIAC,
whether under the AIAC suite of Arbitration Rules (the “AIAC Rules”), or the
UNCITRAL Arbitration Rules vide the AIAC Protocol for the Administration ofArbitrations Pursuant to the UNCITRAL Arbitral Rules (the “AIAC Protocol”),
or otherwise.
1.2 For the purpose of this Code of Conduct, the term ‘AIAC Rules’ means,collectively, the AIAC Arbitration Rules, the AIAC Fast Track Arbitration Rules
and the AIAC i- Arbitration Rules.
1.3 Further, the term ‘Arbitrator’ means a Sole Arbitrator, co-Arbitrator(s) orPresiding Arbitrator, as the case may be, and Emergency Arbitrator.
1.4 Compliance to this Code of Conduct shall be expected of an Arbitrator at allmaterial times.
2. Appointment
2.1 When approached with an appointment, an Arbitrator shall conduct reasonableenquiries with regard to potential conflicts of interest that may arise from his or
her appointment for that particular matter that may affect his or her impartialityand independence. The International Bar Association’s (IBA) Guidelines on
Conflict of Interest in International Arbitration will be a point of reference indetermining the disclosure requirements and whether an Arbitrator isconflicted.
2.2 An Arbitrator shall only accept an appointment if he or she is fully satisfied thathe or she is independent of the Parties at the time of the appointment and isable to remain so throughout the proceedings, as well as able to discharge hisor her duties without bias and to give to the proceedings the time and attention
which Parties are reasonably entitled to expect, has adequate knowledge ofthe language of the proceedings experience and ability for the case at hand.

3. Disclosure
3.1 A prospective Arbitrator shall disclose to the AIAC, the Parties, and/or coArbitrators (if any), all facts and/or circumstances that may give rise tojustifiable doubts as to his or her impartiality or independence as soon as theinformation becomes available.
3.2 Before accepting an appointment, a prospective Arbitrator must disclose:
3.2.1

any past or present close personal relationship or business
relationship, whether direct or indirect, with any Party to the dispute,
any representative of a Party, or any person known to be a potentially
important witness to the arbitration; and3.2.2

the extent of any prior knowledge he or she may have of the dispute.

3.3 Following such disclosure, the Director of the AIAC shall re-assess thesuitability of the Arbitrator for the matter in which the Arbitrator was appointed
and make such determination as may be appropriate including termination of
the Arbitrator in the said matter.
3.4 This duty of disclosure shall continue throughout the arbitration with regard to
any new facts and circumstances that may arise.
3.5 Failure to disclose any prior and/or new facts and circumstances will be notedby the AIAC and taken into account in future nominations and/or appointments.
Such failure to disclose may also serve as a ground for removal of theArbitrator from the AIAC Panel of Arbitrators even if the non-disclosed facts orcircumstances did not justify replacement or disqualification of the Arbitrator.
4. Communications
4.1 All communications, other than preliminary and procedural meetings andproceedings at a hearing, should be in writing, which includes but is not limited
to, communications via email or other electronic means.

4.2 Before accepting an appointment, an Arbitrator may only enquire as to thegeneral nature of the dispute, the names of the Parties, the amount in disputeand the expected time period required for the proceeding.
4.3 No Arbitrator shall confer with any of the Parties or their Representatives until
after the AIAC communicates the appointment to the Parties and/or theParties’ Representatives.
4.4 Throughout the arbitration proceedings, an Arbitrator shall avoid any ex-parteor unilateral communications regarding the case with any Party or its
Representatives. If such communication occurs, the Arbitrator shall inform theother Party(ies) and co-Arbitrators, if any, of its substance.
4.5 Any correspondence between an Arbitrator and Parties shall remain private
and confidential and shall not be copied to anyone other than the Parties tothe dispute, their Representatives (if any) and the AIAC, unless the Parties
agree otherwise.
5. Termination
5.1 Savings
Should, for whatever reason, this Code of Conduct no longer applies, Clause 5 andits provisions shall remain in force.
5.2 Corruption, Unlawful or Illegal Activities
Without prejudice to any other rights of the AIAC, if an Arbitrator is charged in, orconvicted by any court of law for corruption or any other unlawful or illegal activities,
regardless of whether such is in relation to this Code of Conduct or any otheragreement that the Arbitrator may have with the AIAC, or in an unrelated matter,
5.2.1

the Director of the AIAC shall re-assess the suitability of the Arbitrator
in any ongoing arbitration proceedings where the Arbitrator has been
appointed and make such determination as may be appropriate
including termination of the Arbitrator in the said matter; and5.2.2

the AIAC shall, under all circumstances, be entitled to remove theArbitrator from the AIAC’s Panel of Arbitrators.

5.3 Consequences of Termination
In the event that a determination is made by the Director of the AIAC pursuant toClauses 3.3 or 5.2 of this Code of Conduct or otherwise, to terminate the servicesof the Arbitrator in any ongoing arbitration proceedings where the Arbitrator has
been appointed,5.2.1

notwithstanding such termination, the Arbitrator shall remain bound by
the applicable confidentiality provisions governing the arbitration
including the provisions under Clause 8 of this Code of Conduct whichshall continue to subsist;

5.2.2

the Arbitrator shall not be entitled to any compensation or any otherform of losses including any loss of profit, damages or claims
whatsoever, other than payment for work done in accordance with
Clause 7 only where so determined by the Director of the AIAC after
consultation with the Parties and any co-Arbitrators; and5.2.3

where any interim release of fees has been paid to the Arbitrator
pursuant to Clause 7 prior to the Arbitrator’s termination, suchpayments shall constitute full and final settlement of fees between theArbitrator and the Parties.

6. Conduct During Arbitration Proceedings
6.1 An Arbitrator shall at all times keep the AIAC informed on the status of thearbitration proceedings.
6.2 Before the release of the Award, an Arbitrator shall verify the status of thedeposits made by the Parties, or Party, with the AIAC.
6.3 Once the arbitration proceedings commence, an Arbitrator shall acquainthimself or herself with all information related to the proceedings so that he or
she may properly understand the dispute.

6.4 An Arbitrator shall decide all issues submitted for determination after careful
deliberation and exercise of his or her own impartial judgment and shall not
permit outside pressure, fear or criticism or any form of self-interest to affecthis or her decisions.
7. Fees
7.1 The Parties and Arbitrator(s) are at liberty to agree on the fees and expensesof the Arbitral Tribunal subject to any requirement for disclosure to be made to
and/or approval to be obtained from the Director of the AIAC under the AIAC
Rules, where applicable. Under all circumstances, all deposits towards thecosts of the arbitration, including the fees and expenses of the Arbitral Tribunal
shall be remitted to and held in an account of the AIAC, and any interest
accrued thereon shall be retained by the AIAC.
7.2 The Arbitrator shall keep the AIAC informed, in writing, of any changes in theamount of dispute and/or his or her expenses during the proceedings as it
affects the calculation of the deposits and timely collection thereof.
7.3 The Arbitrator’s fees shall be disbursed in full, or of the remaining share, only
upon the AIAC’s confirmation that all deposits have cleared, following which
the Award shall be released by the AIAC to the Parties.
8. Confidentiality
8.1 At all times, the arbitration proceedings shall remain confidential. An Arbitrator
is in a relationship of trust to the Parties and shall not, at any time, use
confidential information acquired during the course of the proceedings to gaina personal advantage for him, herself or others or to affect adversely theinterest of another.
8.2 The Code of Conduct is not intended to provide grounds for the setting asideof any award and/or order issued in the course of arbitration proceedings.