Ethical Rules for the Mediators and Arbitrators
in the Arbitration Court at the European Institution for Arbitration and Mediation
Section I
GENERAL PRINCIPLES
Art. 1. (1) Ethical rules for arbitrators, mediators, members of the Presidium, the Chairman, Vice- Chairman and Secretariat in Arbitration Court at EIMA are based on the following principles:
– Independence and impartiality;
– Confidentiality;
– Competence;
– Responsibilities;
– Honesty.
(2) Ethical rules provide the guidelines in the professional, social and personal behavior of the arbitrator, mediator, members of the Presidium, Chairman, Vice-Chairman and the staff in the Secretariat of the Arbitration Court at EIMA in order to maintain the credibility, prestige and reputation of the Arbitration Court and Association EIMA.
(3) Ethical responsibility with the Ethical rules engages the arbitrator or mediator from the moment of the entry in the list of arbitrators and mediators in AC at EIMA. For the Chairman and Vice-Chairman of AC at EIMA this engagement shall enter into force on the day of his election to that post. For the Secretariat persons the obligation enters from the time of the conclusion of the contract with the Association EIMA.
Art. 2. (1) The arbitrators, mediators, members of the Presidium, the Chairman and Vice-Chairman of the AC EIMA and officials in the Secretariat of the Court in the exercise of its activities in the above qualities are subject to constitutional and statutory provisions established in Bulgaria, subject to moral norms in the society and standards of conduct and the Ethical rules of conduct for mediators and arbitrators in AC at EIMA.
(2) The arbitrators, mediators, members of the Presidium, the Chairman, Vice-Chairman and officials in the Secretariat of the AC at EIMA are independent, objective and impartial in their professional activity in this quality.
(3) In their capacity as an arbitrator, mediator, member of the Presidium, Chairman and Vice-Chairman or person in the Secretariat of the AC at EIMA is unacceptable:
-To have any personal interest in the examination and resolving cases in which they participate, and the use of the information obtained in that capacity for personal benefit or for the benefit of third parties;
-To have a financial commitment that would be detrimental to its diligence in performing of the functions and duties;
– To have a political, social and personal preferences, that might influence the engagement and activities;
– To accept benefits or material gifts, and to engage in service, providing consultations and legal advice to a party, her relatives, representatives, including through third parties – intermediaries.
Art. 3. Inimplementation of the activity, when there is a conflict between the requirements of these Ethical rules and requirements of other ethical rules / codes, attached to the person, subject to these Ethical rules.
Art. 4. Persons under Article 1 cannot use the name and authority of the arbitration institution to satisfy their own interests or those of their relatives.
Section II
Rules of Professional Conduct
General Rules
Art.5 Persons under Article 1 shall be obliged not to share and spread any information of any kind,that they have become aware of during the hearing and solving of a case at the time of the arbitration or conciliation proceedings.
Rules of Professional Conduct of the Arbitrators and Mediators in the AC at EIMA
Art. 6. Before participating in the conciliation or arbitration proceedings, the arbitrators or mediators complete a declaration of impartiality in a form which is an integral part of the documentation of the case.
Art. 7. For the avoidance of a doubt on the existence of a personal interest in the outcome of an arbitration or conciliation proceedings shall not be allowed:
- Participation as an arbitrator or mediator of a person who is a party to the case, a representative of a party, a relative of a party or its representatives; when a representative of one of the parties and the arbitrator working in the same law firm or other form of association or cooperation.
- Participation of arbitrators or mediators who are connected by kinship ties.
- Participation of arbitrators or mediators in a particular case, which before determination of the arbitrators or mediators have made a legal aid or have regard to the economic activity of a party in this case in relation with legal relationships which wholly or partly are subject of the case.
- Participation of arbitrators or mediators which have other common interests of a party or its representatives.
- Involvement of arbitrators or mediators who were witnesses, private experts or experts.
Art.8. Upon the adoption of election or appointment, the arbitrators are required to disclose all circumstances for which in an objective good faith judgment could raise doubts about their independence and impartiality.
Art. 9. Each party to the proceedings may challenge an arbitrator or a vice-arbitrator or the chairman of the arbitration panel, if there is evidence that they personally are directly or indirectly interested in the outcome of the case and / or if there are circumstances under Article 7.
Art. 10. (1) During the proceedings the arbitrators and mediators are required to accept the parties equally and have the same attitude and behavior towards them.
(2) Until the completion of a final act, the arbitrators and mediators should refrain from illegal relations with the parties or their representatives who may cast doubt on their independence and impartiality.
(3) During the meetings, and initiated meetings, the arbitrators and mediators are required to refrain from an inappropriate and bad behavior, criticism, personal assessment and prioritization of any party.
(4) The arbitrators and mediators are required not to delay the proceedings deliberately, conscientiously perform their duties and to be guided by the principles of speed and efficiency in solving their cases.
Art. 11. If experience or impact on the arbitrators in the arbitration proceedings or on the mediators in the mediation regarding the relevant proceedings, they shall immediately inform the Chairman or Vice- Chairman of AC at EIMA and away. In the event that fail to do so will be considered a violation under Article 7 Paragraph 2 of the Statute of the AC at EIMA.
Art. 12. (1) The arbitrator and mediator shall keep the commercial secrets of the parties, which has become known in connection with the examination and adjudication of cases.
(2) The arbitrators and mediators are required to keep confidential the discussions and debates on all issues related to the proceedings.
(3) The arbitrators and mediators help improve and maintain good relations between the parties.
Rules of Professional Conduct of the Chairman and Vice-Chairman in the AC at EIMA
Art. 13 (1) The Chairman and Vice-Chairman of the AC at EIMA work to build and maintain the reputation of the AC at EIMA. In his work, they are guided by the principles of independence, integrity, responsibility, respect and professional dignity.
(2) In the course of his representative activities the Chairman and Vice-Chairman shall observe generally accepted standards of behavior in society.
(3) In case of violation of this Ethical rules refer the matter to the Presidium. The Chairman attends the meetings of the Presidium without a participating in the decision-making.
Art. 14. (1) In the case of a personal conflict between colleagues – arbitrators or mediators, the Chairman and Vice-Chairman shall decide the matter objectively, and if necessary refer to the Presidium.
(2) The Chairman and Vice-Chairman promote the training of the arbitrators and mediators.
Rules of Professional Conduct of the Members of the Presidium in the AC at EIMA
Art. 15. (1) Members of the Presidium shall be guided by the generally accepted rules of good conduct, morality and personal responsibility.
(2) The members of the Presidium are required to keep confidential the discussions at the meetings of the Authority, as well as information on the cases become known to them in connection with and in the fulfillment of their duties as members of the Presidium.
(3) They shall examine and decide objectively and impartially any issue brought to their competence.
Art. 16. (1) The members of the Presidium attend the monthly meetings of the Authority. In case of urgent commitments that require their absence, they shall notify the Chairman of the AC at EIMA for it in advance.
(2) In systematic violation of their commitments as members of this body, the Chairman of the AC at EIMA shall refer the matter to the Board of the Association.
Rules of Professional Conduct of the Employees of the Secretariat of the AC at EIMA
Art. 17 The employees of the Secretariat of the AC at EIMA with their behavior in the workplace and in the society, contribute to raising the prestige of the institution.
Art. 18. It is unacceptable the employees of the Secretariat to accept benefits, gifts, services or obligations of a party, its representatives, including through third parties.
Art. 19. The staff of the Secretariat of the AC at EIMA is obliged not to disclose the information that has become known in the course of implementing their activities in court.
Section III
CONTROL
Art. 20. (1) The arbitrators and mediators are required to disclose all circumstances that could give rise to doubts as to their impartiality or independence.
(2) The arbitrators and mediators have a duty under Par. 1 and when the circumstances which may give rise to doubts as to their independence and neutrality occur after their designation as arbitrators or mediators.
Art. 21. (1) In case of violation of the Ethical rules, Chairman of the AC at EIMA notify the Presidium, who decides.
(2) For the case shall be notified and the Arbitration college of the AC at EIMA.
Art. 22. Upon a serious breach of these rules, the Presidium of the AC at EIMA can erase the arbitrator or mediator from the list of arbitrators or mediators.
Current Ethical rules were adopted by a resolution of the Management Board of the Association “European Institution for Arbitration and Mediation” at November, 15, 2013, with effect from the same date.