The Code Of Ethical Conduct for Arbitrators

Posted 16 September 2020

The purpose of adopting INDRP Code of Ethics for Arbitrators is to serve as a guide to their conduct and also to promote public confidence in INDRP promoted by .IN Registry. By tendering their acceptance to serve, Arbitrators undertake to carry out their responsibilities in accordance with the following Rules:

Rule 1

All Arbitrators must remain neutral of the Parties.

Rule 2

Every prospective Arbitrator shall, for each allotted case, sign a statement of independence or disclose in writing to the INDRP officials, any such matter which might be of such a nature as to call into question the Arbitrators ‘Independence in the eyes of the parties.

Rule 3

An Arbitrator shall immediately disclose in writing to the INDRP official any facts or circumstances affecting the interest of the arbitrator, which may arise in the course of such his/her tenure.

Rule 4

An Arbitrator has an overriding obligation to act fairly and impartially as between the parties, at all stages of the proceedings.

Rule 5

An Arbitrator must be unbiased at all times and 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.

Arbitrators are abstained from the following in all INDRP domain dispute complaints:-

(a) From filing complaints before NIXI or representing any interested party under INDRP.

(b) Appearing either on behalf of the complainant or the respondent.

(c) Directly or indirectly engaging, soliciting, advising or providing any assistance to any parties in any INDRP domain dispute complaint.

Rule 7

An Arbitrator shall not permit outside pressure, fear of criticism or any form of self-interest to affect his/her decisions. An arbitrator shall decide all the issues submitted for determination after careful deliberation and with the exercise of his/her legal knowledge and impartial judgment.

Rule 8

An Arbitrator in communicating with the parties shall avoid impropriety or the appearance of impropriety. There shall be no private communications between an Arbitrator 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 marked to anyone other than the parties to the dispute and the Administrative Body, without the agreement of the parties.

Rule 9

An Arbitrator shall not accept any gift or substantial hospitality, directly or indirectly, from any party to the INDRP proceedings.

Rule 10

Personal hearing will be conducted only in rare circumstances, and if warranted, will be carried out at the notified address of NIXI.

An Arbitrator shall not act in any judicial, arbitration or similar proceedings relating to any .IN domain name dispute, whether as a judge, as an arbitrator, as an expert, or as a legal counsel or advisor of a Party, before any Court or Forum, if he has already been appointed as a Arbitrator by .INDRP Secretariat in the said .IN domain name dispute.

Rule 12

An Arbitrator shall only accept an appointment if he has time to commit to such proceedings. Every Arbitrator shall endeavor to submit the arbitral award within time frame given under INDRP Policy. Failure to follow the timeline would result in removal from INDRP Panel

Rule 13

An Arbitrator must remain faithful