Skip to main content
Cepani

Rules of Good Conduct

1. The President and Secretary-General of CEPANI, their associates and employees, shall not participate in any proceedings conducted under the CEPANI Rules, either as an arbitrator, chair of the mini-trial committee, mediator, expert, third person appointed to adapt contracts or counsel.

2. In accepting his/her appointment by CEPANI, the arbitrator, chair of the mini-trial committee, mediator, expert or third person shall agree to strictly apply the CEPANI Rules and to collaborate loyally with the Secretariat. He/she shall regularly inform the Secretariat of his/her work in progress.

3. The prospective arbitrator, chair of the mini-trial committee, mediator, expert or third person shall accept his/her appointment only if he/she 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 the arbitrator's own mind or in the minds of the parties, he/she shall immediately inform the Secretariat, which will in turn inform the parties. After having considered the parties’ comments, the Appointments Committee or the President of CEPANI shall decide on his/her possible replacement. Any decision shall be taken by the Appointments Committee or by the President of CEPANI alone and shall not include the reason for the decision.

4. An arbitrator appointed upon the proposal of one of the parties shall not represent nor act as that party’s agent.

5. Once appointed by CEPANI, the arbitrator nominated by a party undertakes to have no further relations with that party, nor with its counsel, in the course of the arbitration. Any contact with the party shall take place through the chair of the Arbitral Tribunal or with his/her explicit permission.

6. In the course of the arbitration proceedings, the arbitrator, chair of the mini-trial committee, mediator, expert or third person shall, in all circumstances, show the utmost impartiality, and shall refrain from any actions or declarations that might be perceived by a party as bias, especially when asking questions at hearings.

7. If the circumstances so permit, the arbitrator may, with due regard to paragraph 6 above, invite the parties to seek an amicable settlement and, with the explicit permission of the Secretariat and of the parties, may request suspension of the proceedings for whatever period of time is necessary.

8. By accepting his/her appointment by CEPANI, the arbitrator undertakes to ensure that the Award is rendered as diligently as possible. This means, inter alia, that he/she 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, chair of the mini-trial committee, mediator, expert or third person shall observe the rules of strict confidentiality in each case attributed to them  by the Secretariat.

10. Awards may only be published anonymously and with the explicit approval of the parties. The Secretariat shall be informed thereof prior to any Award being published.

11. The signature of the Award by a member of an Arbitral Tribunal of three arbitrators does not imply that that arbitrator agrees with the content of the award.