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Rules of good conduct for proceedings organised by CEPANI (2000)

  • 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.