Code of Practice for arbitrators, mediators and consultants
ART. 1 – ACCEPTANCE OF THE CODE OF PRACTICE
Anyone accepting the appointment as arbitrator in an arbitration administered by the Chamber of Arbitration of the Chamber of Commerce of Florence, whether appointed by a party, by the other arbitrators, by the Chamber of Arbitration or by another subject, undertakes to perform his/her mandate in accordance with the Rules of the Chamber of Arbitration and this Code of Practice.
The Code of Practice also applies to the expert witness appointed in the arbitration proceedings administered by the Chamber of Arbitration.
ART. 2 - ARBITRATOR APPOINTED BY THE PARTY
A party-appointed arbitrator, who shall be bound by all the duties set forth in this Code of Practice in all phases of the proceedings, may consult the party or its counsel regarding the appointment of the Chairman of the Arbitration Tribunal, when asked to make such appointment. The indications of the party are not binding on the arbitrator.
A party-appointed arbitrator, who shall be bound by all the duties set forth in this Code of Practice in all phases of the proceedings, may consult the party or its counsel regarding the appointment of the Chairman of the Arbitration Tribunal, when asked to make such appointment. The indications of the party are not binding on the arbitrator.
ART. 3 - COMPETENCE
When accepting the appointment the arbitrator shall be sure of being able to perform his/her task with the necessary competence as regards his/her adjudicating function and the subject matter of the dispute.
When accepting the appointment the arbitrator shall be sure of being able to perform his/her task with the necessary competence as regards his/her adjudicating function and the subject matter of the dispute.
ART. 4 - AVAILABILITY
When accepting the appointment the arbitrator shall be sure of being able to devote the required time and attention to the arbitration in order to complete his/her task as promptly as possible.
When accepting the appointment the arbitrator shall be sure of being able to devote the required time and attention to the arbitration in order to complete his/her task as promptly as possible.
ART. 5 – IMPARTIALITY
When accepting the appointment the arbitrator shall be sure of being able to perform his/her task with the requisite impartiality inherent to the adjudicating function which he/she is to undertake in the interests of all parties, protecting his/her role from any direct or indirect external pressure.
When accepting the appointment the arbitrator shall be sure of being able to perform his/her task with the requisite impartiality inherent to the adjudicating function which he/she is to undertake in the interests of all parties, protecting his/her role from any direct or indirect external pressure.
ART. 6 - INDEPENDENCE
When accepting the appointment the arbitrator shall objectively be in a situation of absolute independence. He/she shall remain independent throughout all phases of the proceedings and even after the filing of the award, for the period during which appeal against the award may be brought.
When accepting the appointment the arbitrator shall objectively be in a situation of absolute independence. He/she shall remain independent throughout all phases of the proceedings and even after the filing of the award, for the period during which appeal against the award may be brought.
ART. 7 – STATEMENT OF IMPARTIALITY AND INDEPENDENCE
In order to guarantee his/her impartiality and independence, when accepting the appointment the arbitrator shall supply the written statement required by the Rules of the Chamber of Arbitration.
All doubts regarding whether or not it is expedient to disclose a fact, circumstance or relationship shall be resolved in favour of disclosure.
Where facts, circumstances or relationships that ought to have been disclosed are subsequently discovered, the Chamber of Arbitration may decide that there are grounds for replacing the arbitrator, even automatically, in the course of the proceedings, or for not confirming the appointment in other proceedings.
In order to guarantee his/her impartiality and independence, when accepting the appointment the arbitrator shall supply the written statement required by the Rules of the Chamber of Arbitration.
All doubts regarding whether or not it is expedient to disclose a fact, circumstance or relationship shall be resolved in favour of disclosure.
Where facts, circumstances or relationships that ought to have been disclosed are subsequently discovered, the Chamber of Arbitration may decide that there are grounds for replacing the arbitrator, even automatically, in the course of the proceedings, or for not confirming the appointment in other proceedings.
ART. 8 – PERFORMANCE OF THE PROCEEDINGS
The arbitrator shall foster a thorough and rapid performance of the proceedings. More specifically, he/she shall decide on the date and manner of the hearings so as to ensure the equal treatment of all parties and compliance with the due process of law.
The arbitrator shall foster a thorough and rapid performance of the proceedings. More specifically, he/she shall decide on the date and manner of the hearings so as to ensure the equal treatment of all parties and compliance with the due process of law.
ART. 9 – UNILATERAL COMMUNICATIONS
In all phases of the proceedings the arbitrator shall avoid any unilateral communications with any individual party or its counsel of which the Chamber of Arbitration is not immediately notified so that it can inform the other parties and the other arbitrators.
In all phases of the proceedings the arbitrator shall avoid any unilateral communications with any individual party or its counsel of which the Chamber of Arbitration is not immediately notified so that it can inform the other parties and the other arbitrators.
ART. 10 - SETTLEMENT
The arbitrator may at any stage suggest to the parties that a settlement or conciliation of the dispute is advisable, but may not influence their decision by indicating that he/she has already reached a decision on the outcome of the proceedings on the matter.
The arbitrator may at any stage suggest to the parties that a settlement or conciliation of the dispute is advisable, but may not influence their decision by indicating that he/she has already reached a decision on the outcome of the proceedings on the matter.
ART. 11 – DELIBERATION OF THE AWARD
The arbitrator shall refrain from any obstructive or non-collaborative behaviour and ensure prompt participation in the phase of deliberation of the award. He/she continues to be free to decide not to sign the award where the decision is taken by majority vote of the Arbitration Tribunal.
The arbitrator shall refrain from any obstructive or non-collaborative behaviour and ensure prompt participation in the phase of deliberation of the award. He/she continues to be free to decide not to sign the award where the decision is taken by majority vote of the Arbitration Tribunal.
ART. 12 - COSTS
The arbitrator shall not accept any direct or indirect arrangement with the parties or their counsel regarding the fees and expenses.
The fees of the arbitrator are determined exclusively by the Chamber of Arbitration in accordance with the schedule of fees established by the Chamber, which is considered approved by the arbitrator when he/she accepts the appointment.
The arbitrator shall avoid unnecessary expenses that can increase the costs of the proceedings in an unjustified manner.
The arbitrator shall not accept any direct or indirect arrangement with the parties or their counsel regarding the fees and expenses.
The fees of the arbitrator are determined exclusively by the Chamber of Arbitration in accordance with the schedule of fees established by the Chamber, which is considered approved by the arbitrator when he/she accepts the appointment.
The arbitrator shall avoid unnecessary expenses that can increase the costs of the proceedings in an unjustified manner.
ART. 13 – INFRINGEMENT OF THE CODE OF PRACTICE
Any arbitrator who fails to comply with this Code of Practice shall be replaced, even automatically, by the Chamber of Arbitration which, following the infringement, may also refuse to confirm him/her in other proceedings.
Any arbitrator who fails to comply with this Code of Practice shall be replaced, even automatically, by the Chamber of Arbitration which, following the infringement, may also refuse to confirm him/her in other proceedings.