中文
 

Code of Ethics

Article 1

Parties to an Islamic mediation or arbitration may not be contacted in order to solicit appointment or choice as an mediator or arbitrator.

Article 2

An appointment or choice of an Islamic mediator or arbitrator should only be accepted if ability and competence for carrying out the designated duty is assured without bias and with the ability to give the necessary time and attention.

Article 3

A prospective Islamic mediator or arbitrator should disclose to those who approach him in connection with his possible appointment any circumstances likely to give rise to justifiable doubts as to his impartiality or independence. An Islamic mediator or arbitrator, as soon as appointed, shall disclose such circumstances to the parties unless they have already been informed by him of these circumstances. He should in particular disclose the following:
  • Business and social relationships, whether direct or indirect, previous or present, with any of the parties of the arbitration, the witnesses, or the other mediators or arbitrators.
  • Family and marriage relationships with any of the parties, witnesses or the other mediators or arbitrators. Previous connections with the subject of the mediation or arbitration.
  • This obligation shall continue as regards all such circumstances that appear after the initial proceeding of the mediation or arbitration.
Article 4

An Islamic mediator or arbitrator should maintain the necessary conditions for a just resolution of the arbitration without bias, influences by outside pressure, fear of criticism or self-interest. The arbitrator should also devote the time and attention necessary for a speedy resolution of the arbitration taking into consideration all the circumstances of the case.
  • An Islamic mediator or arbitrator shall not act during the proceedings as an advocate for any party and shall not advise any party on the merits or the outcome of the dispute whether before or after his appointment.
    • Each nominee to act as an mediator or arbitrator - and who is not registered in the mediators or arbitrators list of the Centre - shall furnish to the Centre a written resume comprising his qualifications, expertise and his past and present professional positions, and shall agree in writing on the Centre's tables of costs and fees. In case of requesting additional fees, no arbitrator shall notify, inform or contact any party in this regard. Proposals for additional fees are to be submitted to the Director of the Centre who shall contact the parties before finally deciding on the additional fees according to Article (40) of the Centre's Rules and the relevant General Rules.
Article 5

An Islamic mediator or arbitrator should avoid unilateral communication with any party regarding the arbitration. If any such communication is made, the arbitrator shall inform the other parties and arbitrators of its substance.

Article 6

Mediators or Arbitrators may not accept gifts or privileges whether directly or indirectly from any of the parties to the arbitration. This shall apply to gifts and privileges subsequent to resolution of the arbitration as long as they are linked with the arbitration.

Article 7

An Islamic mediator or arbitrator may not use confidential information acquired during the arbitration proceedings to gain personal advantages for him or others or to affect adversely the interest of others.

Article 8

An Islamic mediator or arbitrator should be bound by utter confidentiality in all matters relating to the arbitration proceedings, including the deliberations and the arbitration award.

 

© 2007 - 2008 ARABCCI Services Limited, All rights reserved | جميع الحقوق محفوظة | 不得轉載 | Disclaimer | Site Map