CODE OF CONDUCT FOR ARBITRATORSEMPANELLED IN THE SOCIETY FOR
AFFORDABLE REDRESSAL OFDISPUTES - PORTS (SAROD-PORTS)

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PREAMBLE
In order to seek speedy, affordable, just and reasonable redressalof
dispute/differences
between
Major
Port
TrustsandConcessionaire/Contractor arising out of and during the course ofexecution of various contracts, a Society for Affordable Resolution of
Disputes - Ports (SAROD-Ports) has been formed under the Societies
Registration Act, 1860 with registration no. S-E/1715/Distt. South
East/2020 dated 30th January, 2020. It has been formed by Indian Ports
Association and Indian Private Ports and Terminals Association withfounding members as mentioned in the Memorandum of Association ofSAROD-Ports.
For providing fair opportunity to the parties to the arbitration, theunder mentioned Code of Conduct shall apply:
Scope of Application
Where any agreement, submission or reference provides forarbitration at the Society for Affordable Resolution of Disputes - Ports("SAROD-Ports"), or under the Arbitration Rules of the SAROD-Ports andwhere the case is a domestic arbitration, the same shall be conductedin accordance with the following Rules, or such Rules as amended by theSAROD-Ports where the amendments take effect before the commencementof the arbitration
These rules shall come into effect from the day of approval byGoverning Body of SAROD-Ports.
1. The Governing Body of the Society shall be fully competent to lay down
and modify from time to time, the Rules for Conduct & Discipline ofArbitrators and the conduct of the Arbitral Proceedings.
2. Parties to arbitrations to be conducted through the panel of Arbitrators of
the Society are entitled to expect of the process, a just, well-reasoned andenforceable award. To that end, they are entitled to expect arbitrators todisclose possible conflicts of interest at the outset; to avoid putting
themselves in the position where conflicts will arise during the course of theproceedings; to conduct the arbitration fairly, in a timely manner and withcareful regard to due process; to maintain the confidentiality of thearbitration; and to reach their decision in an impartial manner.
3. Anybody willing to be considered for appointment/empanelment asArbitrator in the Panel of Arbitrators to be maintained by the Society should
give written undertaking to fully abide by the Rules of Conduct & Disciplineof the Society.

24. While the detailed Rules shall be formulated and modified by theGoverning Body from time to time, following are the broad guidelines forframing of the Rules of Conduct & Discipline. The purpose of this note is toprovide guidance for broad principles for formulation of the Society's Rulesof Conduct & Discipline for the arbitrators, being mainly and broadly
concerned with principles and issues of independence, impartiality andconfidentiality, and with the effective management of time and costs inaccordance with the Main Object of the Society and to achieve its object. TheArbitrators have very significant role to play in achievement of the main
objects for which the Society is being formed.
5. Before consideration for appointment/empanelment by the Society, each
person desirous to be empanelled/appointed as arbitrator shall(a) furnish to the Society (in the format as may be decided by theGoverning Body) a written resume of his past and present professional
position;(b) Agree in writing upon fee rates and expenses conforming to the feesand expenses as may be decided by the Society.
(c) Sign a declaration (in the format to be decided by the GoverningBody) to the effect that there are no circumstances known to him which
are likely to give rise to any justified doubts as to his impartiality orindependence, other than any circumstances disclosed by him in thedeclaration. He will make disclosure of his interests, in the form to bedecided by the Society, to ensure that there is no conflict of interest in
his being appointed as Arbitrator. In completing his statements ofindependence, the arbitrator will take into account, inter alia, theexistence and nature of any past or present relationships, direct orindirect, with any of the parties or their counsel; any doubt as to whichmust be resolved in favour of disclosure.
(d) Agree to abide by the Rules of Conduct & Discipline formulated by
the Society from time to time and to complete the arbitration
proceedings in a time bound manner.
6. Each arbitrator shall thereby also assume a continuing duty forthwith todisclose any such circumstances to the Society / Governing Body, if suchcircumstances should arise after the date of such declaration and before thearbitration is concluded. The Governing Body shall thereafter decide thecourse of further action in this regard.
7. He will undertake not to accept any privilege, favour or benefit of any
kind, monetary or otherwise, immediately or at a later stage or at any time,from the parties to arbitration or any other person at their behest.
8. He should agree that in the event of any of his statements to the Society
being found to be false or untrue or his having concealed any material facts,3his services shall be terminated by the Society without any notice andwithout any compensation whatsoever.
9. He will undertake that he will not leave the arbitral proceedings before
completing the arbitral proceedings and finalising the arbitral award, for any
reasons whatsoever, except physical inability.
10. He will undertake to do his best to ensure that the arbitral proceedings
shall be conducted by him in an honest, diligent, efficient, expeditious andcost effective manner, following and adopting the best practices inherent in
the Society's rules and procedures.
11. The Arbitrator will have a duty at all times:(i) to act fairly and impartially as between all parties, giving reasonable
opportunity of putting its case and dealing with that of its opponent; and(ii) to adopt procedures suitable to the circumstances of the arbitration,
avoiding unnecessary delay or expense, so as to provide an efficient andcost effective means for the final resolution of the parties to dispute(s)12. There is a continuing obligation on all arbitrators immediately todisclose any circumstances that might give rise to conflicts, if suchcircumstances arise at any time during the course of arbitral proceedings.
13. It is, of course, essential that an arbitrator should be impartial andindependent of the parties. All arbitrators conducting arbitration under theSociety's Rules shall be and remain at all times impartial and independentof the parties; and none shall act in the arbitration as advocates for anyparty. No arbitrator, whether before or after appointment, shall advise any
party on the merits or outcome of the dispute.
NOTE: The expression "the Arbitral Tribunal" includes a sole arbitrator or all
the arbitrators where more than one. All references to an arbitrator shall
include the masculine and feminine.

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Brief resume of past and present professional position
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7.

Name of Arbitrator: Mr/Ms ______________________
Email id : __________________________________________
Phone (s) : Home or Office : ____________ Mobile No __________________
Postal address for communications:__________________________________________________________________________________________________________________________
Past and present professional experience (in brief):__________________________________________________________________
Number of arbitration cases, if any, conducted / handled as
Arbitrator. Also indicate the number of cases relating to infrastructure
projects (if any).
_________________________________________________________________
Present post held with pay level, if in service:__________________________________________________________________
Signature with date5

DECLARATION BY THE ARBITRATOR

I, ________________________ (Name of the Arbitrator) declare that there
are no circumstances known to me which are likely to give rise to any
justified doubts as to my impartiality or independence. I undertake todisclose my interests, if any, to ensure that there is no conflict ofinterest in my appointment as Arbitrator. I also undertake to abide by
the Code of Conduct formulated by the Society from time to time and tocomplete the arbitration proceedings in a time bound manner.

Signature with date6