PIAM Rules
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Preamble
The Pak Institute of Arbitrators and Mediators (PIAM) is committed to upholding the highest standards of professionalism, integrity, and impartiality in the resolution of disputes through arbitration and mediation. This Code of Conduct applies to all parties involved in arbitration and mediation proceedings under the auspices of PIAM, including arbitrators, mediators, parties, legal representatives, and PIAM staff. The purpose of this Code is to ensure that all involved act ethically and professionally, fostering a fair, efficient, and confidential dispute resolution process.
1. Integrity and Impartiality
1.1 Impartiality of Arbitrators/Mediators:
Arbitrators and mediators must remain neutral and impartial throughout the proceedings. They shall not allow their personal beliefs, relationships, or interests to influence their decisions or actions. Any potential conflict of interest must be disclosed immediately to the parties and PIAM.
1.2 Conflicts of Interest:
Arbitrators and mediators are required to recuse themselves if they have any conflict of interest or potential bias concerning the dispute at hand. Any appearance of bias must be avoided, and parties must be notified if an arbitrator or mediator has any prior involvement with the case or parties involved.
1.3 Transparency:
Arbitrators and mediators should be transparent in all procedural and substantive aspects of the dispute resolution process. They should provide clear, understandable explanations of the process to the parties, ensuring that no party is disadvantaged by lack of clarity.
2. Confidentiality
2.1 Confidentiality Obligations:
All proceedings under PIAM, including documents, statements, evidence, and decisions, must remain confidential unless otherwise required by law. Arbitrators, mediators, and all parties involved must respect the privacy of the proceedings and refrain from disclosing any information to third parties without mutual consent.
2.2 Non-admissibility in Other Proceedings:
Statements, offers, or communications made in the course of arbitration or mediation are not admissible in any future legal or judicial proceedings, except as otherwise allowed by law.
3. Professionalism and Conduct
3.1 Respectful Behavior:
Arbitrators, mediators, and all parties must behave professionally and respectfully throughout the proceedings. No abusive language, threats, or discriminatory behavior will be tolerated. All parties must be treated with dignity and fairness.
3.2 Obligation to Participate:
Arbitrators and mediators must conduct the proceedings diligently and without undue delay. Parties are expected to attend hearings, respond to requests for information, and actively participate in the resolution process. Failure to attend hearings without a valid reason may lead to the continuation of proceedings in their absence.
3.3 Timeliness:
Arbitrators, mediators, and PIAM staff must work to ensure that proceedings are conducted promptly, with hearings scheduled within reasonable timeframes. Any delays should be communicated to all parties in a timely manner, with justifiable reasons.
4. Fairness in the Dispute Resolution Process
4.1 Equal Treatment:
All parties must be treated equally and given a fair opportunity to present their case. Arbitrators and mediators must ensure that no party is disadvantaged or prejudiced, and all have the right to be heard.
4.2 Right to Representation:
Each party has the right to be represented by legal counsel or other designated representatives or in person during the proceedings. Arbitrators and mediators must accommodate such representation as long as it does not hinder the process or fairness of the proceedings.
4.3 Neutral Venue and Language:
Arbitrators and mediators should ensure that hearings are conducted in a neutral venue or online mode that is convenient for all parties. The language of the proceedings should be mutually agreed upon by the parties and clearly communicated prior to the commencement of proceedings.
5. Responsibilities of the Parties
5.1 Cooperation with Procedures:
The parties involved in arbitration or mediation proceedings must cooperate fully with the rules and procedures established by PIAM. They must comply with any requests from the arbitrator or mediator, including the timely submission of documents and evidence.
5.2 Respect for the Arbitrator’s/Mediator’s Decision:
Parties are expected to respect the decisions or recommendations made by the arbitrator or mediator. The decision rendered by an arbitrator is binding and enforceable as per the applicable law.
5.3 No Abuse of Process:
Parties must not misuse the arbitration or mediation process to delay proceedings, harass the opposing party, or engage in actions that are intended to undermine the integrity of the process.
6. Financial Integrity and Transparency
6.1 Payment of Fees:
Arbitrators, mediators, and PIAM shall ensure transparency in the payment of all fees and expenses. The parties must be informed of the fee structure in advance and are required to pay the agreed fees promptly. Non-payment may result in the suspension or termination of proceedings.
6.2 Avoidance of Unjust Enrichment:
Arbitrators and mediators shall not accept any gifts, personal favors, or compensation outside the scope of their professional duties that could create the appearance of partiality or undermine the integrity of the proceedings.
7. Accountability and Sanctions
7.1 Reporting Violations:
Any violation of this Code of Conduct should be reported to PIAM. Complaints may be submitted by any party involved in the proceedings, and PIAM shall review the allegations promptly and fairly.
7.2 Sanctions for Misconduct:
If an arbitrator, mediator, or any party is found to have violated this Code of Conduct, PIAM may impose sanctions, which may include disqualification, suspension, or removal from the case, depending on the severity of the violation.
8. Nutshell
By participating in arbitration or mediation under the auspices of PIAM, all parties agree to uphold this Code of Conduct. Failure to comply with the standards set forth may result in the suspension or termination of the arbitration or mediation process.
This Code is subject to periodic review to ensure that it continues to reflect the highest standards of ethics and professionalism.