In some instances the ethics set down in HKIAC's Code of Ethical Conduct herein may be repeated in legislation governing the arbitration, case law or the rules which parties have adopted. In many instances, arbitrators will also be bound by other codes of practice or conduct imposed upon them by virtue of membership of primary professional organisations.
An arbitrator has an overriding obligation to act fairly and impartially as between the parties at all stages of the proceedings.
An arbitrator shall be free from bias and shall disclose any interest or relationship likely to affect his or her impartiality or which might reasonably create an appearance of partiality or bias. This is an ongoing duty and does not cease until the arbitration has concluded. Failure to make such disclosure itself may create an appearance of bias and may be a ground for disqualification.
An arbitrator shall not permit outside pressure, fear of criticism or any form of self-interest to affect his or her decisions. An arbitrator shall decide all the issues submitted for determination after careful deliberation and the exercise of his or her own impartial judgment.
An arbitrator in communicating with the parties shall avoid impropriety or the appearance of impropriety. There shall be no private communications between an arbitrator and any party, regarding substantive issues in the case. All communications, other than proceedings at a hearing, should be in writing. Any correspondence shall remain private and confidential and shall not be copied to anyone other than the parties to the dispute, without the agreement of the parties.
An arbitrator shall not accept any gift or substantial hospitality, directly or indirectly, from any party to the arbitration, except in the presence of the other parties and/or with their consent.
An arbitrator shall only accept an appointment if he or she has suitable experience and ability for the case and available time to proceed with the arbitration.
An arbitrator shall be faithful to the relationship of trust and confidentiality inherent in that office.
An arbitrator's fees and expenses must be reasonable taking into account all the circumstances of the case. An arbitrator shall disclose and explain the basis of fees and expenses to the parties.
Arbitrators may publicise their expertise and experience but shall not actively solicit appointment as arbitrators.