AIAC CODE OF CONDUCT FOR
DOMAIN NAME DISPUTE RESOLUTION PANELLISTS

1. General
1.1. This Code of Conduct is applicable to all “.my” country code top level domainname dispute resolutions administered by the AIAC in accordance with theAIAC’s appointment by the Malaysian Network Information Centre (MYNIC).
1.2. For the purpose of this Code of Conduct, the term ‘Rules’ means the Rules ofthe MYNIC Domain Name Dispute Resolution Policy and the AIAC
Supplemental Rules to the MYNIC Domain Name Dispute Resolution Policy.
1.3. Further, the term ‘Panellist’ means a Domain Name Dispute Resolution
Panellist.
1.4. Compliance to this Code of Conduct shall be expected of a Panellist at allmaterial times.
2. Appointment
2.1. When approached with an appointment, a Panellist 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 impartiality
and 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 a Panellist is conflicted.
2.2. A Panellist 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 Panellist shall disclose to the AIAC, the Parties and/or the coPanellists (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 Panellist 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 proceedings; 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 Panellist for the matter in which the Panellist was appointed
and make such determination as may be appropriate including termination of
the Panellist in the said matter.
3.4. This duty of disclosure shall continue throughout the proceedings with regard
to any new facts and circumstances that may arise.
3.5. Failure to disclose any prior and/or new facts and/or circumstances will be
noted by the AIAC and taken into account in future nominations and/orappointments. Such failure to disclose may also serve as a ground for removal
as an AIAC Domain Name Dispute Resolution Panellist even if the nondisclosed facts and/or circumstances did not justify replacement ordisqualification of the Panellist.
4. Communications
4.1. All communications should be in writing, which includes but is not limited to,communications via email or other electronic means.
4.2. Before accepting an appointment, a Panellist may only enquire as to thegeneral nature of the dispute and the names of the parties.

4.3. No Panellist 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 proceedings, a Panellist shall avoid any ex-parte or unilateralcommunications regarding the case with any Party or its Representatives. If
such communication occurs, the Panellist shall inform the other Party(ies) andco-Panellists, if any, of its substance.
4.5. Any correspondence between a Panellist and Parties shall remain private andconfidential and shall not be copied to anyone other than the Parties to thedispute, 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 a Panellist 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 Panellist
in any ongoing proceedings where the Panellist has been appointed
and make such determination as may be appropriate including
termination of the Panellist in the said matter; and5.2.2.

the AIAC shall, under all circumstances, be entitled to remove thePanellist from the AIAC Domain Name Dispute Resolution Panel.

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 Panellist in any ongoing proceedings where the Panellist has been appointed,
5.3.1.

notwithstanding such termination, the Panellist shall remain bound by
the applicable confidentiality provisions governing the proceedings
including the provisions under Clause 8 of this Code of Conduct whichshall continue to subsist; and5.3.2.

the Panellist 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-Panellists, if any.

6. Conduct During Proceedings
6.1. A Panellist shall at all times keep the AIAC informed on the status of theproceedings.
6.2. Before the release of the Decision, the Panellist shall verify the status of thedeposits made by the Parties, or Party, with the AIAC.
6.3. Once the proceedings commence, the Panellist shall acquaint himself or
herself with all information related to the proceedings so that he or she may
properly understand the dispute.
6.4. A Panellist shall decide all the issues submitted for determination after careful
deliberation and the exercise of his or her own impartial judgment and shallnot permit outside pressure, fear of criticism, or any form of self-interest toaffect his or her decisions
7. Fees
7.1. The Panellist must adopt the Scale of Fees for Domain Name Dispute
Resolution annexed to the AIAC Supplemental Rules to the MYNIC Domain
Name Dispute Resolution Policy. Under all circumstances, all deposits
towards the fees of the proceedings, including the fees of the Panellist(s), shallbe remitted to and held in an account of the AIAC, and any interest accrued
thereon shall be retained by the AIAC.
8. Confidentiality
8.1. At all times, the proceedings shall remain confidential. A Panellist is in arelationship of trust to the Parties and shall not, at any time, use confidential
information acquired during the course of proceedings to gain personaladvantage for himself, herself or others or to affect adversely the interest ofanother.
8.2. The Code of Conduct is not intended to provide grounds for the setting asideof any Decision issued by the Panellist in the course of proceedings