(Adopted at the Fourth Meeting of the Fifth Session of the Beijing Arbitration Commission on January 20, 2009. Effective as from March 1, 2009)
The Ethical Standards for Construction Dispute Board Experts have been formulated by the Beijing Arbitration Commission (herein after referred to as the BAC) to promote the development of construction dispute review and regulate the conduct of the Dispute Board experts (herein after referred to as the DB experts).
A DB expert shall be conversant with the Construction Dispute Board Rules of the Beijing Arbitration Commission and shall be fully aware of the rights and responsibilities of the DB experts during the course of dispute review. Prior to acceptance of the selection or appointment, DB experts shall ensure they have the necessary expertise, experience and knowledge for potential dispute review. The DB expert shall attend training and relevant activities as requested by the BAC to maintain and enhance knowledge and skills related to construction dispute review.
During the course of the dispute review, a DB expert shall maintain impartiality and independence and treat the parties equally.
Upon acceptance of selection or appointment, a DB expert shall disclose in writing all facts or circumstances that may give rise to justifiable doubts as to the experts impartiality or independence, including but not limited to:
- direct or indirect economic interest with any party or its representative;
- discussion on the disputed construction project with any party or its representative or provision of advisory opinions to any party or its representative prior to the acceptance of the selection or appointment;
- acceptance of a treat, gift or other benefits from any party or its representative prior to the acceptance of the selection or appointment;
- being a classmate, colleague, agent, employee/employer, advisor of a partys legal representative, board member, shareholder, senior administrator, or direct managerial personnel of the disputed construction project or a partys representative;
- any other circumstances that may give rise to justifiable doubts as to the experts impartiality or independence.
If a DB expert is aware of any of the aforementioned circumstances during the course of the dispute review, the DB expert shall disclose those circumstances in writing. Unless all parties explicitly express their agreement to keep the DB expert in the DB within 15 days after receiving the disclosure in writing, the DB expert shall withdraw.
During the course of the dispute review, a DB expert shall be prohibited from the following activities:
- private meeting with any party or its representative;
- acceptance of a treat, gift or other benefits from any party or its representative;
- provision of managerial or legal advice to any party regarding construction projects or Contracts;
- criticism of any party or any other DB experts;
- statement of prediction about the existing or potential problems of the disputed construction project;
- acting as the arbitrator / mediator for any party in its arbitrated / mediated case, unless agreed otherwise by both parties in a written form.
During the course of the dispute review, a DB expert shall treat parties equally and impartially regarding the documents submitted and statements presented.
The DB determination shall be made independently on the principles of objectivity, impartiality, and neutrality in accordance with the related contract agreement, circumstances of the site visit and expertise of the DB experts.
When the Dispute Board is composed of more than two experts, each DB expert shall cooperate with the other DB experts in a proactive manner, respect differing points of view and make every effort to achieve unanimity through communication to eliminate differences, so as to conduct dispute review in a prompt, orderly and fair manner and to attain a fruitful outcome of the review.
The DB experts shall perform their duty of diligence to conduct the dispute review in a timely manner and shall avoid delay of the dispute review for personal reasons. The DB experts shall make every effort to facilitate the dispute review as soon as practicable to avoid unnecessary delay and expenses on the part of the parties.
The DB expert shall keep confidential any information during the course of the dispute review, unless agreed otherwise by both parties or required by applicable law. The DB experts shall not use any information obtained during the course of the dispute review for personal gain, unless agreed otherwise by both parties.
After the completion of the dispute review, no DB expert shall act in any litigation, arbitration or mediation proceedings thereof, whether as an arbitrator, as a mediator, as a witness or as a representative of a party, unless jointly selected by the parties to act as an arbitrator or as a mediator.
Where a DB expert has breached the Ethical Standards, the BAC shall, depending on the circumstances, decide on whether to renew the DB experts membership in the Panel of the BAC or not. Where a DB expert has been removed from the Panel, the BAC shall neither give the DB expert a written notice nor the reason upon which the decision of removal is made.
The power to interpret these Ethical Standards is vested in the BAC.
The Ethical Standards are effective as of March 1, 2009.