Code Of Conduct
Our standards for professional conduct to ensure a respectful, fair, and safe environment for all users.
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1) Preamble
The use of Online Dispute Resolution (ODR) to resolve various disputes is growing extensively in India due to its speed, efficiency, and cost-effectiveness. Those acting as conciliators and arbitrators hold significant responsibilities to the public and the disputing parties, including upholding high ethical standards during online arbitration. Manch (the “Manch ODR Platform”) has established this Code of Conduct (“Code”) to guide the conciliators, Mediators and arbitrators on its platform (“Conciliators, Mediators & Arbitrators”). This Code outlines generally accepted standards of ethical conduct to maintain high ethical standards and foster continued confidence in the ODR process.
2) Principles of the Code
Every Conciliator & Arbitrator empaneled with Manch shall always adhere to the following principles: 1. Integrity and Fairness: Uphold the integrity and fairness of the dispute resolution process. 2. Fair, Transparent, and Diligent Proceedings: Conduct proceedings fairly, transparently, and diligently. 3. Thorough Understanding: Once proceedings commence, familiarize yourself with all facts, documents, and discussions relevant to the dispute. 4. Impartial Judgment: Handle all assigned cases with careful deliberation and exercise impartial judgment independently. 5. Freedom from Bias: Remain free from bias and disclose any interests or relationships that might affect impartiality or create an appearance of partiality. 6. Confidentiality: Maintain the confidentiality of the proceedings and not use confidential information for personal advantage or to the detriment of others. 7. Timeliness: Conduct the proceedings in a timely manner, recognizing that time is of the essence. 8. Avoid Impropriety: Avoid any impropriety or appearance of impropriety in communications with parties. 9. No Unilateral Communications: Avoid any unilateral communications regarding a case with any party or its representatives. 10. Independence in Decision-Making: Do not allow outside pressure, fear of criticism, or self-interest to influence decisions. 11. Agreed Remuneration: Adhere to the agreed remuneration terms and make no unilateral arrangements for additional fees or expenses with any party or their counsel. 12. No Gifts or Hospitality: Do not accept any gifts or substantial hospitality from any party to the proceedings or their representatives. 13. Trust and Confidentiality: Be faithful to the trust and confidentiality inherent in the role. 14. Integrity in Compensation Arrangements: Maintain integrity and fairness in compensation and expense reimbursement arrangements. 15. Truthful Promotion: Engage in truthful and accurate promotion of arbitral services.
3) Conclusion
This Code is designed to guide Conciliators & Arbitrators in addressing ethical questions that may arise during proceedings on the Manch platform. It complements, rather than replaces, the Manch Rules of Arbitration or generally accepted principles applicable to conciliation or arbitration. This Code is not grounds for setting aside any award but ensures transparency and may result in removal from empanelment if necessary.