Asian Domain Name Dispute Resolution
Centre
Code of Ethical Conduct for Panelists
Introduction
The Oxford English Dictionary defines 'ethics' as "moral principles
or rules of conduct". A Code of Ethics provides a set of moral
principles according to which one can conduct one's affairs.
The purpose of adopting a Code of Ethics for panelists is not only
to serve as a guide to the conduct of panelists, but also to serve
as a point of reference for users of the administrative proceedings
and to promote public confidence in administrative proceedings as
a suitable forum for domain name disputes. The Code itself is not
a rigid set of rules but is a reflection of internationally acceptable
norms.
Rule One
A panelist has an overriding obligation to act fairly and impartially
as between the parties, at all stages of the proceedings.
Rule Two
A panelist shall be free from bias and shall disclose any interest
or relationship likely to affect his/her impartiality or which might
reasonably create an appearance of partiality or bias. This is an
ongoing duty and does not cease until the administrative proceedings
have been concluded. Failure to make such disclosure itself may
create an appearance of bias, and may be a ground for disqualification.
A panelist shall not permit outside pressure, fear of criticism
or any form of self-interest to affect his/her decisions. A panelist
shall decide all the issues submitted for determination after careful
deliberation and the exercise of his own impartial judgment.
A panelist in communicating with the parties shall avoid impropriety
or the appearance of impropriety. There shall be no private communications
between a panelist and any party, regarding substantive issues in
the case. All communications, other than proceedings at a hearing,
should be in writing. Any correspondence shall remain private and
confidential and shall not be copied to anyone other than the parties
to the dispute and the Administrative Body, without the agreement
of the parties.
A panelist shall not accept any gift or substantial hospitality,
directly or indirectly, from any party to the administrative proceedings,
except in the presence of the other parties and/or with their consent.
Rule Three
A panelist shall only accept an appointment if he/she has suitable
experience and ability for the case and available time to proceed
with the administrative proceedings.
Rule Four
A panelist shall be faithful to the relationship of trust and confidentiality
inherent in that office.
Rule Five
Panelists may publicize their expertise and experience but shall
not actively solicit appointment as panelists.