Arbitrators' Code of Ethics: Thai
Arbitration Institute
In 2003, the Thai Arbitration Institute
re-issued a Code of Ethics for arbitrators conducting arbitrations
administered by that Institute. Since the Office of the Judiciary
administers the Thai Arbitration Institute, the Code applies only
to arbitrators involved in arbitrations at that Institute. However,
since the Code of Ethics was issued by the Office of the Judiciary,
it can reasonably be said to establish guidelines and standards for
the conduct of all arbitrators in Thailand.
The Code of Ethics consists of 43 Articles
divided into the following chapters:
Chapter 1 General Provisions
Chapter 2 Principles of
Arbitrators
Chapter 3 Ethics of Disclosure of
Facts
Chapter 4 Ethics on Withdrawal
Chapter 5 Ethics on Communication with the
Party
Chapter 6 Ethics on Conduct of
Proceeding
Chapter 7 Ethics on the Making of an
Award
Chapter 8 Ethics on
Confidentiality
Chapter 9 Ethics on Remuneration
While the Code of Ethics does cover a broad
range of issues that confront arbitrators, the Code provisions are
rather general and vague statements of principles well known to
arbitrators, and don't appear to significantly advance the
knowledge base of what is required of arbitrators. Below is a
sampling of the Code of Ethics provisions:
Article 8. An arbitrator appointed by either
party must be impartial and perform his duties independently, and
must provide fairness to both parties.
Article 25. In the hearings, an arbitrator
must be patient and composed and treat the parties, lawyers,
witnesses and all persons concerned politely.
Article 35. An arbitrator must render an
award on every point in dispute, but may not make an award beyond
the scope of the arbitration agreement or relief applied for by the
parties.