Code of Ethics for Arbitrators

CODE OF ETHICS FOR PRACTICING ARBITRATORS

(Issued together with Decision No. 05/QD-BBI dated July 01, 07, 2023 of Bigboss International Commercial Arbitration Center)

CHAPTER I: GENERAL RULES

Article 1. Protect the law and the rule of law.

Arbitrators are obliged to be loyal to the Fatherland, by professional activities, arbitrators contribute to the protection of the law and the rule of law in accordance with the Constitution and laws of Vietnam.

Article 2. Respect the agreement of the parties if it does not violate the prohibition and is contrary to social morals.

The arbitrator must respect the disputing parties’ right to self-determination; ensure maximum freedom of agreement of the parties if such agreement does not violate legal prohibitions and social morals.

Article 3. Independence, objectivity, impartiality and obedience to the law

1. The arbitrator must resolve the dispute independently, based on the law and the circumstantial evidence in the dispute without the influence of any person or organization.
2. The arbitrator must be objectively impartial, without favor or prejudice in dispute resolution; or show favoritism towards either side.
3. The arbitrator is obliged to act impartially throughout the arbitral proceedings; must not actively entice parties to choose themselves as arbitrators; No gifts or incentives may be received either directly or indirectly from any party to the dispute.
4. Decide to settle disputes on the basis of evidence and comply with legal provisions.

Article 4. Respect and protect professional reputation and reputation.

1. Arbitrators are responsible for attaching importance to and preserving professional prestige, must not commit acts that harm personal honor, prestige and professional reputation.
2. Comply with the provisions of this Arbitration Code of Ethics and the regulations of the Bigboss International Commercial Arbitration Centre (“Center”).
3. Civilized and polite behavior in practice; healthy in lifestyle to receive the love, respect, trust and honor of colleagues and customers.
4. Actively participate in training classes, fostering knowledge to constantly improve professional skills, knowledge and quality of work in order to serve customers.

CHAPTER II: CUSTOMER RELATIONS

Article 5. Professional responsibility.

1. The arbitrator only accepts to settle the dispute if there is sufficient time. Upon acceptance as an arbitrator at the client’s choice or appointed by the Centre, the arbitrator shall be conscientious, endeavouring a speedy resolution in accordance with the Centre’s arbitration proceeding rules.
2. The arbitrator must carefully study the facts and arguments in the dispute in order to fully understand and reach a lawful decision.
3. The arbitrator must refuse to resolve the dispute in the event that the arbitrator has one of the following relationships:

• Being a lawyer who has entered into a legal service contract with at least one party in a dispute that he or she is tasked with resolving;
• Being the father, mother, wife, husband, child, brother, sister or brother of at least one party or of the legal representative of the parties in the dispute that they are tasked with resolving;
• Being the father, mother, wife, husband, child, brother, sister or brother of a lawyer who is providing legal services for at least one of the disputes that he or she is tasked with resolving;

4. Arbitrators belonging to the Arbitral Tribunal must ensure full presence at working sessions, verify facts, collect evidence, meetings to conduct fair and effective arbitration activities, be responsible for explaining and creating conditions for the parties to equally exercise their rights and obligations. The arbitrator should facilitate the parties to question and argue with each other; avoid the situation where the Arbitrator himself or directly argues with the parties.
5. During the proceedings, the arbitrator shall not meet or privately contact the lawyer or representative of any party to discuss issues related to the dispute; when it is necessary to make it publicly available to all parties through the President of the Arbitral Tribunal or the Central Secretariat.

Article 6. Information security.

1. The arbitrator shall inform the parties of the rules of confidentiality, shall not disclose information relating to the dispute without the consent of that party.
2. The arbitrator is obliged to keep the content of the dispute confidential and may not use the relevant information to his advantage or to the advantage of others, or to the detriment of the interests of others.
3. The arbitrator shall hold non-public dispute settlement sessions and sessions, unless otherwise agreed by the parties.

Article 7. Remuneration of Arbitrators.

The arbitrator who accepts to settle the dispute shall only receive remuneration for arbitrator fees as prescribed by the Center, and may not agree with any party or the Counsel of any party on remuneration or additional fees.

CHAPTER III: RELATIONS WITH COLLEAGUES, CENTERS AND OTHER ORGANIZATIONS AND INDIVIDUALS

Article 8. Protect the honor and reputation of arbitrators.

Arbitrators are obliged to respect and protect the honor and reputation of arbitrators as well as protect their personal honor and reputation; preserve internal solidarity, contribute to building a team of clean and strong arbitrators, worthy of the respect and trust of society.

Article 9. Respect and cooperate with colleagues.

1. Arbitrators must have a respectful and supportive attitude to colleagues. Colleague building critique is done in the right place, at the right time, and frankly in a constructive spirit.
2. Have a sense of cooperation and help colleagues in practice as well as in life; promptly comment when seeing colleagues have manifestations, misbehavior, affecting professional reputation.

Article 10. Relations with the Center

1. Arbitrators are obliged to respect and protect the honor and reputation of the Center; strictly abide by the charter, resolutions, decisions, regulations and rules of the Center.
2. Fully and timely fulfill financial obligations (capital contribution, share contribution, annual living expenses…) of the Center.
3. Participate in other activities and tasks as launched and assigned by the Center.
4. Have the spirit of learning, behave civilly, be modestly polite towards colleagues or other professional organizations.

Article 11. What Arbitrators Must Not Do in Relation to Colleagues and the Centre

1. Insult or engage in behavior that damages the reputation of colleagues and the Center.
2. Pressuring, threatening or committing acts that violate the law or social morals with colleagues to gain advantages for themselves in practice.
3. Cooperate with individuals or organizations capable of exerting pressure or individuals or organizations requiring dispute resolution (customers) to choose themselves for profit purposes.

Article 12. Relations with other organizations and individuals

Arbitrators comply with the provisions of law while working with other state agencies, individuals and organizations with a polite and respectful attitude.

CHAPTER IV: INSPECTION, SUPERVISION, REWARD, HANDLING VIOLATIONS

Article 13. Inspect and supervise compliance with the Code of Ethics for arbitration practice.

The Centre’s Executive Board, Merit Emulation Board and Arbitrators are responsible for overseeing the implementation of the Centre’s Code of Ethics for Arbitrators.

Article 14. Reward and handle violations.

1. Arbitrators who exemplify the Code of Ethics for Arbitration Practice shall be rewarded in accordance with the Centre’s regulations on emulation, reward and discipline.
2. Arbitrators who fail to comply with the Code of Ethics for arbitration practice shall, depending on the nature and seriousness of their violations, be reminded to criticize, reprimand and discipline in accordance with the Charter of the Center.

CHAPTER V: AMENDMENTS TO REGULATIONS AND ENFORCEMENT TERMS

Article 15. Amendments and supplements to the Rules

This Rule may be amended and supplemented at the request of all Central arbitrators to suit the actual situation and operating conditions and must be approved by all Central arbitrators.

Article 16. Enforcement Terms

This rule has been adopted by the full arbitrator of the Centre on 1 July 2023, taking effect from the date of signing.