Western and Central Africa
Eastern and Southern Africa
Eastern Europe and Central Asia
1. The Chairman and Secretary-General of CEPANI, their
associates and employees, shall not participate in any proceedings
conducted under the CEPANI rules, either as an arbitrator,
mediator, conciliator, expert, third person appointed to adapt
contracts, or counsel.
2. In accepting his appointment by CEPANI, the arbitrator,
mediator, conciliator, expert or third person shall agree to apply
strictly the CEPANI rules and to collaborate loyally with the
Secretariat of CEPANI. He shall regularly inform the Secretariat of
CEPANI of his work in progress.
3. The prospective arbitrator, mediator, conciliator, expert or
third person shall accept his appointment only if he is independent
of the parties and of their counsel. If any event should
subsequently occur that is likely to call into question this
independence in his own mind or in the minds of the parties, he
shall immediately inform the Secretariat of CEPANI which will then
inform the parties. After having considered the parties' comments,
the Appointments Committee or the Chairman of CEPANI shall decide
on his possible replacement. It or he shall make the decision alone
and shall not disclose the reasons.
4. An arbitrator appointed upon the proposal of one of the
parties shall neither represent nor act as that party's agent.
5. Once nominated by CEPANI, the arbitrator appointed upon the
proposal of a party undertakes to have no further relation with
that party, nor with its counsel, in the course of the arbitration.
Any contact with this party shall take place through the chairman
of the arbitral tribunal or with his explicit permission
6. In the course of the arbitration proceedings, the arbitrator,
mediator, conciliator, expert or third person shall, in all
circumstances, show the utmost impartiality, and shall refrain from
any deeds or words that might be perceived by a party as bias,
especially when asking questions at the hearings.
7. If the circumstances so permit, the arbitrator may, with due
regard to paragraph 6 here above, ask the parties to seek an
amicable settlement and, with the explicit permission of the
Secretariat of CEPANI and of the parties, to suspend the
proceedings for whatever period of time is necessary.
8. By accepting his appointment by CEPANI, the arbitrator
undertakes to ensure that the arbitral award is rendered as
diligently as possible. This means, namely, that he shall request
an extension of the time limit, provided by the CEPANI Rules, only
if necessary or with the explicit agreement of the parties.
9. The arbitrator, mediator, conciliator, expert or third person
shall obey the rules of strict confidentiality in each case
attributed to him by the Secretariat of CEPANI.
10. Arbitral awards may only be published anonymously and with
the explicit approval of the parties. The Secretariat of CEPANI
shall be informed thereof beforehand.
11. The signature of the arbitral award by a member of an
Arbitral Tribunal of three arbitrators, does not imply that that
arbitrator agrees with the contents of the award.