Arbitrator Code of Conduct (“Code of Conduct”)

Application

This Code of Conduct applies to arbitrators appointed by the parties or the Vancouver International Arbitration Centre (the “Centre”) to arbitrations administered by the Centre.

Some obligations set out in this Code of Conduct may also be found in the law and rules governing the arbitration.  The arbitrator may also be subject to other codes of conduct arising from membership in other professional organizations. In the case of conflict between this Code of Conduct and such other obligations, the more stringent standard shall apply.

This Code of Conduct is not intended to provide grounds for the setting aside of any award.

Independence and Impartiality

Arbitrators shall be independent and impartial. At the time of accepting appointment in a particular matter, an arbitrator shall sign an Acceptance of Appointment and Statement of Independence and Impartiality (“AAASII”) confirming that the arbitrator is and will remain independent and impartial for the duration of the arbitration with respect to the parties, the party representatives, the other arbitrators, and any relevant third parties whose identities are known to the arbitrator at the time of appointment.

An arbitrator shall not accept an appointment if the arbitrator has any doubt as to his or her ability to be independent and impartial. Once appointed, if circumstances arise that cause the arbitrator to have any doubt as to his or her ability to be independent and impartial, the arbitrator shall withdraw from the arbitration.

Disclosure

Prior to accepting an appointment, prospective arbitrators shall:

• make reasonable efforts to identify any conflict of interest or circumstance likely to give rise to justifiable doubts as to the arbitrator’s independence or impartiality.
• disclose in writing to the Centre and the parties any circumstance likely to give rise to justifiable doubts as to the arbitrator’s independence or impartiality.

An arbitrator’s disclosure obligations shall continue for the duration of the arbitration. Any new circumstances that is likely to give rise to justifiable doubts as to the arbitrator’s independence or impartiality shall be immediately disclosed in writing to the Centre and the parties.

If an arbitrator has any doubt as to whether a circumstance should be disclosed, the arbitrator shall resolve that doubt in favour of disclosure.

Availability

An arbitrator shall not accept an appointment unless the arbitrator has sufficient availability to carry out the arbitration diligently, efficiently, and in accordance with timelines set out in the applicable law, rules, and/or agreement of the parties.

Communications with the Parties

Arbitrators and prospective arbitrators shall not engage in ex parte communications with a party or party representative concerning the arbitration except:

a)  subject to anything to the contrary in the rules applicable to the arbitration, a prospective arbitrator may, prior to appointment, respond to ex parte inquiries from parties or party representatives in relation to the arbitrator’s professional background, availability, fees, and potential conflicts; and

b)  if expressly agreed in writing by the parties, once appointed, a party-appointed arbitrator may communicate on an ex parte basis with the party or party representative that appointed that arbitrator for the purposes of selecting a presiding arbitrator for a tribunal.

However, in no case shall an arbitrator discuss the merits or substance of a dispute with a party on an ex parte basis.

Confidentiality

An arbitrator shall treat all matters relating to arbitration proceedings as confidential.

An arbitrator shall not use confidential information acquired during an arbitration for any purpose other than the discharge of the arbitrator’s duties.

Adopted March 17, 2025