Arbitration

Code of Ethics

  • 1. Accessibility The design and implementation of efficient and effective processes provide for their usage, not only to the broadest range and number of people, but also by accounting for the reality of cultural differences within and between jurisdictions, as well as differential access to resources and experiences of marginalization that can hinder access to JUPITICE JUSTICE processes, whether formal or informal. JUPITICE JUSTICE System and processes effectively facilitate and do not limit the right to representation for parties in processes of dispute resolution.

  • 2. Competence JUPITICE JUSTICE Systems, processes, and practitioners will be competent in or provide access to relevant technological or human competency required for the effective implementation of the dispute resolution process that they undertake to assist with. This includes but is not limited to relevant dispute resolution, legal, and technical knowledge; languages; and culture.

  • 3. Confidentiality The development and implementation of JUPITICE JUSTICE Systems, processes, and practitioners maintain confidentiality in accordance with all legal obligations and in a manner that is consistent, in particular, with the principles of Legal Obligation, Informed Participation, Security, and Transparency.

  • 4. Empowerment JUPITICE JUSTICE Systems and processes are designed and implemented in ways that seek to enable growth and positive change for individuals, relationships, systems, and society, thereby increasing access to justice and enhancement of choices and effective decision making opportunities.

  • 5. Equality JUPITICE JUSTICE processes are designed and implemented in ways that treat all participants with respect and human dignity; that system design and processes enable silenced or marginalized voices to be heard and actively seek to ensure that privileges and disadvantages are not replicated in the experience of participation; that no participant is placed at a higher risk than others; and, therefore, that JUPITICE JUSTICE processes are designed to respond effectively to the reality that some contexts may put some at more risk than others.

  • 6. Fairness JUPITICE JUSTICE Processes are designed and implemented to facilitate and uphold due process, without bias or benefits for or against individuals or groups, including those based on algorithms. They are responsive to and reflective of the communities and stakeholders they serve.

  • 7. Honesty JUPITICE JUSTICE Processes are designed and implemented with the intention that data is gathered, managed, and presented in ways to ensure it is not misrepresented or presented out of context.

  • 8. Impartiality JUPITICE JUSTICE Processes are designed, implemented and practitioners function with commitment to reducing bias in the delivery of the process. This includes accounting for conditions that could structure patterns of privilege in process and outcome for repeat players with particular attention to the principles of Accessibility, Fairness, and Transparency.

  • 9. Informed Participation In the development and implementation of JUPITICE JUSTICE systems and processes active effort is made to ensure (1) explicit disclosure to participants of all information about risks and benefits of the process, (2) the competency of participants to evaluate the information about participation in the process, (3) understanding by participants of the information, (4) whenever possible, the voluntary acceptance by the participants of the risks of participating; and whenever voluntary consent is not possible due to the mandatory nature of participation than that is made transparent.

  • 10. Innovation JUPITICE JUSTICE System continues to innovate, to improve the delivery of dispute resolution services and benefits more fairly, effectively, and efficiently in ways that increase peace, trust and access to justice.

  • 11. Integration JUPITICE JUSTICE Processes are effectively integrated both internally within a system and externally with other systems, networks, and entities. Technology serves the dispute resolution process as seamlessly as possible. The application of technology and of dispute resolution is designed and implemented in the context of their linkages with other existing systems and networks and of knowledge that new ones will emerge. This is implemented with special attention to the integration with public entities to enhance inclusiveness and access to justice.

  • 12. Legal Obligation The design and implementation of JUPITICE JUSTICE Systems and processes uphold the laws of relevant jurisdictions and ensure that relevant laws are known and followed in the context of the principles of Accessibility, Informed Participation, and Transparency.

  • 13. Neutrality JUPITICE JUSTICE Systems and practitioners function with independence from the disputing parties, and any conflicts of interest are made transparent.

  • 14. Protection from Harm JUPITICE JUSTICE Platform design and implementation seek to prevent and minimize harm and risk for those involved in dispute resolution processes, with particular attention to those most marginalized and with least access to justice.

  • 15. Security All reasonable efforts are made to ensure that the data and communication between the parties and other entities linked to JUPITICE JUSTICE Processes are secure to the fullest extent of the law, making transparent any known limitations.

  • 16. Transparency All reasonable efforts are taken to make transparent the true purposes, risks, and legal obligations inclusive of but not limited to: the form and legal jurisdiction of dispute resolution processes; the identities, affiliations, obligations, and conflicts of interest of the parties, entities, and systems; and the data security, confidentiality, and privacy policies and systems involved.

  • A. Appointment

    1. A prospective arbitrator shall accept an appointment only if he is fully satisfied that he is able to discharge his duties without bias, he has an adequate knowledge of the language of the arbitration, and he is able to give to the arbitration the time and attention which the parties are reasonably entitled to expect.
    2. Should the prospective arbitrator be aware of any potential time constraints in the next 12 months in his ability to discharge his duties if he is appointed as an arbitrator, he shall, without breaching any existing confidentiality considerations and/or obligations, disclose details of such time constraints to the Registrar of JUPITICE Administered Online Arbitration Rules. Jupitice reserves the right to refuse to appoint the prospective arbitrator should it take the view that the prospective arbitrator will not be able to discharge his duties due to such potential time constraints.
    3. The prospective arbitrator confirms that he understands that the Registrar of JUPITICE Administered Online Arbitration Rules will take into account any failure by the prospective arbitrator to discharge his duties to ensure the fair, expeditious, economical and final determination of the dispute when fixing the quantum of fees payable to the arbitrator.
  • B. Disclosure

    1. A prospective arbitrator shall disclose all facts or circumstances that may give rise to justifiable doubts as to his impartiality or independence, such duty to continue throughout the arbitral proceedings with regard to new facts and circumstances.
    2. A prospective arbitrator shall disclose to the Registrar and any party who approaches him for a possible appointment:
      • Any past or present close personal relationship or business relationship, whether direct or indirect, with any party to the dispute, or any representative of a party, or any person known to be a potentially important witness in the arbitration;
      • The extent of any prior knowledge he may have of the dispute.
  • C. Bias

    1. The criteria for assessing questions relating to bias are impartiality and independence. Partiality arises when an arbitrator favors one of the parties or where he is prejudiced in relation to the subject matter of the dispute. Dependence arises from relationships between an arbitrator and one of the parties, or with someone closely connected with one of the parties.
    2. Any close personal relationship or current direct or indirect business relationship between an arbitrator and a party, or any representative of a party, or with a person who is known to be a potentially important witness, will normally give rise to justifiable doubts as to a prospective arbitrator's impartiality or independence. Past business relationships will only give rise to justifiable doubts if they are of such magnitude or nature as to be likely to affect a prospective arbitrator's judgment. He should decline to accept an appointment in such circumstances unless the parties agree in writing that he may proceed.
  • D. Communications

    1. Before accepting an appointment, an arbitrator may only enquire as to the general nature of the dispute, the names of the parties and the expected time period required for the arbitration.
    2. Save as may be permitted under the applicable arbitration rules, no arbitrator shall confer with any of the parties or their counsel until after the Registrar gives notice of the formation of the Tribunal to the parties.
    3. Throughout the arbitral proceedings, an arbitrator shall avoid any unilateral communications regarding the case with any party, or its representatives.
  • E. Fees

    In accepting an appointment, an arbitrator agrees to the remuneration as settled by the JUPITICE Administered Online Arbitration Rules, and he shall make no unilateral arrangements with any of the parties or their counsel for any additional fees or expenses, except with the express agreement of the Registrar.

  • F. Conduct

    Once the arbitration proceedings commence, the arbitrator shall acquaint himself with all the facts and arguments presented and all discussions relative to the proceedings so that he may properly understand the dispute.

  • G. Confidentiality

    1. The arbitration proceedings shall remain confidential. An arbitrator is in a relationship of trust to the parties and should not, at any time, use confidential information acquired during the course of the proceedings to gain personal advantage or advantage for others, or to affect adversely the interest of another.
    2. This Code of Ethics is not intended to provide grounds for the setting aside of any award.