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1. These rules are formulated, on the basis of the Arbitration Law of the
People's Republic of China and relevant provisions of the Commission, to promote
the development of the works undertaken by Shanghai Arbitration Commission, to
stipulate the team construction of arbitrators, and to build up the image of
arbitrators.
2. Arbitrators shall observe the Arbitration Law of the People's Republic
of China, strictly carry out all provisions such as the Arbitration Rules of
Shanghai Arbitration Commission and the Detailed Rules of Shanghai Arbitration
Commission for Handling Cases, etc.
3. Arbitrators shall study hard the legal knowledge of arbitration and
attend training conscientiously to grasp methods of arbitration procedures and
hearing and strive to raise the capability of handling professional cases.
4. Arbitrators shall, in conformity with facts of cases, in line with legal
provisions, following the principle of being fair and rational, arbitrate cases
impartially and efficiently according to their intuitive knowledge and social
responsibility, and may not be partial to either of the parties concerned.
5. Arbitrators shall make clear to the Arbitration Commission and propose
withdrawal initiatively, if he /she falls in any one of the following
circumstances:
1.) is a close relative of one of the party concerned or that of the agent
of the case handled;
2.) has interests in the case handled;
3.) has other relations with the parties concerned or agents of the case
handled, and may affect the justice of arbitration;
4.) privately meets with the parties or attorneys or accepts their
invitation or gifts.
6. Arbitrators shall accept the selection of the parties concerned or the
designation of the director of the Arbitration Commission, and shall not refuse
without due reasons.
7. Arbitrators shall, upon the acceptance of cases, appropriately arrange
time, conscientiously participate in all arbitration activities such as hearings
and deliberation, etc., effectively carry out the functions and duties of
arbitrators, may not arrive late, leave early or be absent without due reasons.
8. Arbitrators shall, upon the acceptance of cases, study carefully all
evidence and materials submitted by the parties concerned and do well the
preparatory work for hearings. Arbitrators shall fully listen to the statements
made by the parties concerned at hearings of cases of arbitration, questioning
impartially with attention being paid to tone and mode. When trial of a case
ends, timely deliberation shall be given and resolution be made up. The chief
arbitrator or the single arbitrator handling the case on his/her own shall, for
prevention of unsettled cases of long standing, complete the preparation of
relevant arbitration documents within 15 days after the deliberation drawn by
arbitration tribunal.
9. Arbitrators shall strictly keep secrets of arbitration. Cases of
arbitration shall not, either during or after the trial of cases, be disclosed
to public, including the contents of the situation of cases, the trial process,
the deliberation by arbitration tribunal and the commercial secrets involved in
cases, etc.
10. For the arbitrators in violation of These Rules, the Arbitration
Commission has the right to warn, not to appoint or dismiss them according to
their respective circumstance. |