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title: CURIA ARBITRATOR CODE OF CONDUCT

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# CURIA ARBITRATOR CODE OF CONDUCT

## PART 1 
Code Relating to the Conduct of Members When Serving on Curia Arbitration Panels, Acting for Curia or Making Appointments as Honorary Officers of Curia. 

### Rule 1 
Curia Members (including its honorary officers) when conducting the business and affairs of Curia and when serving on the Curia Appointment Body and on any board or committee established by Curia have an overriding obligation to act at all times in a disinterested manner and to be faithful to the relationship of trust which exists between members and Curia. 

### Rule 2 
Members shall disclose any interest or relationship which is likely to affect, or may reasonably be thought likely to affect, their conduct. Members shall not without prior disclosure act, speak or vote in connection with a matter in which they have an interest or in which any person or body with which they are connected has an interest. Members shall not permit outside pressure, fear of criticism or any form of self-interest to affect their conduct. Members are further obliged to report to the Curia Appointment Body any outside attempts to pressure or intimidate them.

### Rule 3
Members shall not knowingly gain or seek to gain any undisclosed personal advantage or profit from serving on the Curia Appointment Body or on any board or committee established by Curia or from acting in any way on behalf of Curia.

### Rule 4
Where the appointment of a third-party neutral falls to be made by the Curia Appointment Body or other honorary officer of Curia ("the appointer"), then 
1. The overriding principle is that all appointments shall be made with a view to selecting, on objective criteria, one or more suitable person(s) to fulfil the particular role in question and that the appointment shall not be affected by personal factors; and 
2. The appointer should always take such steps as may be reasonable and practicable to satisfy itself that persons suggested by the Curia members as being suitable for appointment are in fact suitable persons to be appointed.


## PART 2
Code Relating to the Conduct of Members when Acting or seeking to Act as Neutrals. 

### Introduction 
This Code is subject to the overriding requirements that it shall not: 
1. Require a member to act in a way that is unethical or unlawful under any other Code or law applicable to the member; 
2. Form part of the rules of any dispute resolution process; 
3. Override or replace the rules or applicable laws of any dispute resolution process; nor
4. Provide grounds for judicial review or other legal action. 

### Rule 1 Behaviour 
A member shall not behave in a manner which might reasonably be perceived as conduct unbecoming a Curia member. 

### Rule 2 Integrity and Fairness 
A member shall maintain the integrity and fairness of the dispute resolution process and shall withdraw if this is no longer possible. Members must not communicate with parties outside of the official Curia arbitration process. If a member is contacted by a party outside of the Curia process, the Member shall not respond to the party attempting contact and the Member must, as soon as practicable, notify the Curia Appointment Body of the attempted communication.

### Rule 3 Conflicts of Interest 
Both before and throughout the dispute resolution process, a member shall disclose all interests, relationships and matters likely to affect the member’s independence or impartiality or which might reasonably be perceived as likely to do so. Where a member is or becomes aware that he or she is incapable of maintaining the required degree of independence or impartiality, the member shall promptly take such steps as may be required in the circumstances, which may include resignation or withdrawal from the process. 

### Rule 4 Competence 
A member shall accept an appointment or act only if appropriately qualified or experienced. A member shall not make or allow to be made on the member’s behalf any representation about the member’s experience or expertise which is misleading or deceptive or likely to mislead or deceive. 

### Rule 5 Information 
Where appropriate and having regard to whether the parties are represented by professionals familiar with the dispute resolution process, the member shall ensure that the parties are informed of the procedural aspects of the process. 

### Rule 6 Communication 
A member shall communicate with those involved in the dispute resolution process only in the manner appropriate to the process. 

### Rule 7 Conduct of the Process 
A member shall prepare appropriately for the dispute resolution process concerned. A member shall not be influenced by outside pressure or self interest. A member shall not delegate any duty to decide to any other person unless permitted to do so by the parties or applicable law. A member shall not unduly delay the completion of the dispute resolution process. 


### Rule 8 Trust and Confidence 
A member shall abide by the relationship of trust which exists between those involved in the dispute and (unless otherwise agreed by all the parties, or permitted or required by applicable law), both during and after completion of the dispute resolution process, shall not disclose or use any confidential information acquired in the course of or for the purposes of the process. 

### Rule 9 Fees 
A member shall charge only reasonable fees and expenses having regard to all the circumstances and shall disclose beforehand and explain to the parties to the dispute resolution process the basis upon which the fees and expenses shall be calculated and charged.

### Rule 10 Misconduct by Members
A member shall act in accordance with the Rules set out in this Code of Conduct. Members covenant and agree that in the event of a member breaching any of these Rules (hereinafter referred to as ‘the breaching member’), the Curia Body of Appointment, its representatives, and/or other members will have the right to lodge formal a complaint with the breaching member’s professional regulatory body and/or report the breaching member’s conduct to the appropriate authorities in the breaching member’s jurisdiction. Such reports may result in civil and/or criminal proceedings commencing against the breaching member. 

### Rule 11 Member Identity Verification
Members covenant and agree that prior to their participation in any Curia arbitration panels or other Curia bodies, they will first provide adequate and appropriate identification documents and particulars to the Curia Appointment Body as required by the said body. 



