Hangzhou Arbitration Commission
Code of Conduct for Arbitrators

2024/11/26 16:26:00

Adopted at the Third Meeting of the Third Hangzhou Arbitration Commission (the "HZAC") on April 9, 2004.

Article 1

HZAC Code of Conduct for Arbitrators (the "Code") is hereby formulated to regulate arbitrators' handling of cases, ensure the quality of case handling, adjudicate cases in a timely, fair, and effective manner, and safeguard the legitimate rights and interests of the parties.

Article 2

Arbitrators must comply with the Arbitration Law of the People's Republic of China and strictly implement the HZAC Arbitration Rules (the "Arbitration Rules").

Article 3

Arbitrators shall adjudicate cases based on facts, in accordance with the law, with reference to international practices, following the principles of fairness and reasonableness, and in an independent, impartial, conscientious, diligent, and efficient manner, and shall endeavor to conclude the case as soon as possible within the time limit prescribed by the Arbitration Rules.

Article 4

During case handling, arbitrators shall maintain complete independence and impartiality, treat both parties equally, and must not favor any party. They shall not be influenced by external pressures or personal interests, ensuring that parties can fully exercise their legitimate rights.

Article 5

Arbitrators shall be familiar with arbitration procedures, proficient in applying hearing methods, and shall continuously enhance their professional knowledge and case-handling capabilities.

Article 6

Arbitrators shall respect one another and actively support and cooperate during case hearings.

Article 7

When accepting a party's selection or appointment by the Chairperson of the HZAC, arbitrators shall ensure that they possess the necessary experience and capability to resolve the case and guarantee timely handling. If any of the following circumstances may affect the handling of the case, arbitrators shall proactively disclose such circumstances and refuse the selection or appointment:

(A)Lack of familiarity with the specialized field involved in the case;

(B)An anticipated absence of twenty days or more during the case period;

(C)Inability to ensure sufficient time for handling the case;

(D)Having a heavy workload from other tasks that prevents full dedication to the case;

(E)Health reasons rendering it difficult to participate in the proceedings;

(F)Having more than five unresolved cases with the HZAC (counting consolidated cases as a single case).

Article 8

When accepting a party's selection or appointment by the Chairperson of the HZAC, arbitrators shall sign a declaration affirming that their independence and impartiality are beyond doubt under any circumstances and guaranteeing sufficient time availability, as well as conscientious, diligent and efficient handling of the case.

Article 9

(1)Arbitrators must disclose the following circumstances and proactively request withdrawal:

(A)Being a party to the case or a close relative of a party or his/her representative;

(B)Having a vested interest in the case;

(C)Having other relationships with a party or his/her representatives that may affect impartial arbitration;

(D)Privately meeting with a party or his/her representative, or accepting hospitality or gifts from them.

(2)"Other relationships" stated in paragraph (1)(C) include:

(A)Providing prior consultation for the case;

(B)Currently serving, or having served within the past two years, as a legal advisor for a party or his/her representative;

(C)Working with, or having worked within the past two years, in the same organization as a party or his/her representative;

(D)Recommending or introducing an representative for a party;

(E)Acting as a witness, appraiser, inspector, defender, or litigation representative in the case or a related case;

(F)Any other circumstances that may affect impartial arbitration.

Article 10

(1)When accepting a party's selection or appointment by the Chairperson of the HZAC, arbitrators shall inform the case manager of their available time for handling the case. For cases under general procedure, the arbitral tribunal shall hold its first hearing within thirty days (or forty-five days for foreign-related cases) from the date of its constitution. For cases under summary procedure, the first hearing shall be held within fifteen days from the constitution of the arbitral tribunal.

(2)For subsequent hearings, the interval between hearings shall generally not exceed thirty days. If the tribunal sets a deadline for evidence submission, the next hearing shall be held within twenty days after the deadline.

Article 11

Arbitrators shall thoroughly review the evidence submitted by the parties and make adequate preparations for the hearing. Before the hearing, the presiding arbitrator may convene a deliberation to determine the scope and key issues of the hearing (as proposed by the presiding arbitrator) and to allocate responsibilities among the tribunal members.

Article 12

(1)Once the hearing date for the arbitral tribunal is set, arbitrators shall not arbitrarily allow personal reasons to interfere with the hearing. If an arbitrator foresees that he/she cannot attend a hearing, he/she shall notify the presiding arbitrator and the secretariat at least seven days prior to the first hearing (three days prior for any subsequent hearing) and take reasonable remedial measures.

(2)Failure to comply with the preceding provision shall be deemed an unjustified absence.

Article 13

Arbitrators shall attend hearings, deliberations, on-site investigations, and other case-handling activities punctually, and shall not be absent, late, or leave early without valid reasons. After the arbitral tribunal is constituted but before the case is concluded, if an arbitrator anticipates an absence of more than one week that could affect the hearing, deliberation, or drafting of the award, he/she shall notify the presiding arbitrator or the secretariat in advance and provide relevant contact information. Any failure to comply with the preceding requirements that causes a delay in the hearing, deliberation, or drafting of the award shall be deemed an unjustified delay.

Article 14

During case handling, arbitrators shall not accept hospitality, gifts, or other benefits from parties or their representatives; nor shall they privately meet with any party or representative, receive evidence from them, or discuss matters related to the arbitration by any means (including telephone, facsimile, telex, email, etc.). If, in the course of mediation, the arbitral tribunal decides that an arbitrator may meet separately with a party or his/her representative, the meeting shall be held at the HZAC's premises with the assigned case manager present.

Article 15

(1)During the hearing, arbitrators shall objectively, impartially, and patiently listen to the statements and arguments presented by the parties and their representatives. They shall use language that is appropriate and precise, carefully consider the manner and method of questioning and expressing opinions, and avoid arbitrarinessor bias. Except during mediation proceedings, arbitrators shall not express opinions on the nature of the case or on liability before the facts have been fully ascertained, nor shall they argue with the parties, so as to avoid any dispute or confrontation with them.

(2)Before concluding the hearing, the presiding arbitrator or the sole arbitrator shall seek the parties' final views.

Article 16

Arbitrators shall pay attention to their appearance, dress neatly, and conduct themselves with decorum. During hearings or investigative inquiries, they shall not check or use mobile phones or pagers, nor shall they casually enter or exit the arbitration hall or engage in activities unrelated to the proceedings.

Article 17

(1)The arbitral tribunal shall finalize the award within thirty days from the date of the final hearing. If, after the final hearing, the tribunal sets a deadline for the parties to conduct written cross-examination, the tribunal shall issue the award within thirty days from the expiration of that deadline.

(2)After the conclusion of the final hearing, the presiding arbitrator shall, on the same day or within no more than seven days, organize a deliberation on the main elements of the award including the case's facts, evidence, nature, liabilities, applicable law, the case results, etc.Following this deliberation, the presiding (or sole) arbitrator, or an arbitrator designated by the presiding arbitrator, shall draft the proposed award within seven days, based on the deliberation results.

(3)If there is a significant divergence of opinions within the arbitral tribunal regarding the draft award, the presiding arbitrator may convene another deliberation. The arbitral tribunal shall then finalize the award within seven days after that deliberation.

Article 18

(1)All members of the arbitral tribunal must jointly participate in the hearing of the case, carefully review the case file, hold hearings, and conduct deliberations, fully expressing their opinions on the content of the award. If there is any dissenting opinion, the person holding that opinion shall provide reasons and propose a revision plan. The case manager shall record the deliberation proceedings on file.

(2)Within five days of receipt of the draft award, arbitrators shall submit their written comments to the presiding arbitrator or the case manager. If they have objections to the draft, they shall clearly specify the proposed revisions and provide reasons for them.

Article 19

Where the presiding or sole arbitrator, without valid reasons, fails to conclude the case within the prescribed time limit, the secretariat of the HZAC may issue a written reminder and set a deadline for case resolution. Failure to conclude the case within the specified period shall be deemed a serious delay.

Article 20

(1)Arbitrators shall strictly maintain the confidentiality of arbitration proceedings and shall not disclose any information related to the case to external parties, including case details, the hearing process, or trade secrets involved in the case. Arbitrators shall also refrain from disclosing their own opinions or the deliberations of the arbitral tribunal to the parties.

(2)Without the consent of the HZAC, arbitrators shall not privately discuss unresolved cases with individuals unrelated to the case, nor shall they disclose or discuss any details of the arbitration case in public settings, including meetings, classrooms, or on the internet.

Article 21

(1)Arbitrators shall not inquire into cases unrelated to themselves, entertain, give gifts, or provide benefits on behalf of others.

(2)Arbitrators are prohibited from representing parties in applying to a People's Court for the revocation or non-enforcement of arbitral awards they have issued or participated in issuing.

Article 22

Arbitrators acting as representatives in arbitration cases shall adhere to the following requirements:

(G)They shall not violate scheduled court appearance times or deadlines for submitting legal documents;

(H)They shall not discuss other cases they have handled as arbitrators with the arbitrators or case manager of the current case in the presence of the parties or the representatives of the opposing party;

(I)They shall not privately discuss details of the current case with the arbitrators or case manager;

(J)They shall not indicate to the parties or their representatives any close relationship with the arbitrators or case manager of the current case;

(K)If they are aware that their role as a representative may give rise to challenges to arbitrators, they shall proactively inform the parties;

(L)They shall not make requests to the arbitral tribunal or case manager that are inconsistent with their role as a representative.

Article 23

During an arbitrator's term of appointment, the HZAC may dismiss the arbitrator if any of the following circumstances arise:

(A)Concealing facts that warrant withdrawal;

(B)Failing, without valid reasons, to participate in deliberations or investigations three times or more;

(C)Failing, without valid reasons, to appear at case hearings;

(D)Violating the arbitrator's duty of impartiality during case hearings, by repeatedly committing any of the following acts:

(a)Deliberately delaying case handling;

(b)Refusing to provide reasons while insisting on rulings that favor one party;

(c)Willfully misrepresenting facts and laws, and persistently supporting or opposing one party's claims;

(d)Violating the principle of impartiality during hearings by cross-examining, debating, or making requests on behalf of one party against the other;

(e)Displaying other forms of bias.

(E)Seriously delaying the case hearings;

(F)Disclosing personal views or the arbitral tribunal's deliberations to the parties;

(G)Seriously neglecting responsibilities in violation of the Code;

(H)Engaging in favoritism or corrupt practices and rendering rulings in violation of the law;

(I)Causing significant errors in fact-finding, application of law, or arbitration procedures due to personal reasons, or otherwise negatively affecting the HZAC through personal conduct;

(J)Privately meeting with a party or accepting their hospitality, gifts, or other benefits during the term of appointment;

(K)Inquiring into cases, entertaining, giving gifts, or providing benefits on behalf of others;

(L)Any other violation of the Code rendering the arbitrator unsuitable to continue serving.

Article 24

Arbitrators shall participate in professional training, seminars, and experience-sharing activities organized by the HZAC, and shall undergo any necessary assessments.

Article 25

Arbitrators who intend to participate in arbitration-related conferences or activities, publish articles, or deliver speeches on behalf of the HZAC must obtain prior approval from the HZAC.

Article 26

During their term of appointment, arbitrators shall promptly notify the secretariat of the HZAC of any changes to their contact information or mailing address, as well as any long-term overseas stays.

Article 27

Arbitrators may, at any time, submit opinions, suggestions, or requests regarding their work to the HZAC or its secretariat.

Article 28

The Code shall take effect on June 1, 2004.