Arbitrator’s Declaration

Edvard Munch

Jurisprudence, 1887

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When agreeing to act as an Arbitrator the person shall sign a declaration wherein, inter alia, such person agrees to comply with the Arbitration Rules, the IBA Guidelines on Conflicts of Interest in International Arbitration and make every effort to resolve the dispute and render an arbitral award in a competent, professional and efficient manner.

  1. I, [●] (Name), by this Declaration of Acceptance of the Powers of an Arbitrator (the “Declaration”) confirm my consent to act as an arbitrator in case No. [●] administered by the Russian Arbitration Center at the Russian Institute of Modern Arbitration (the “RAC”).
  2. I hereby confirm compliance with the requirements imposed on me as an arbitrator according to the applicable law and the RAC Arbitration Rules.
  3. I attach to this Declaration a CV containing reliable and up-to-date information, as well as other necessary documents (in case it is necessary to confirm the arbitrator’s compliance with certain requirements).
  4. I hereby confirm that I am well aware of the provisions of the IBA Guidelines on Conflicts of Interest in International Arbitration in force at the date of signing this Declaration (the “IBA Guidelines”)[1], and that I undertake to comply with them in full.
  5. I hereby confirm and inform the Parties and the RAC about the following information about my impartiality and independence (tick the necessary):
    • I am independent and impartial towards the Parties. As far as I am aware, at the time I assumed the powers of an arbitrator, there were no circumstances that, in the opinion of a reasonable informed person, could give rise to justifiable doubts about my impartiality or independence.
    • I am independent and impartial towards the Parties. However, according to Article 14(5) of the RAC Arbitration Rules, General Standard 3 of the IBA Guidelines I consider it necessary to disclose the following circumstances (attached to this Declaration).
  6. I hereby undertake to maintain impartiality and independence while performing my functions, and immediately inform the Parties and the RAC of any circumstances arising in the course of the arbitration that, in the opinion of reasonable informed person may raise doubts about my impartiality or independence with a detailed description of such circumstances.
  7. I hereby confirm that I have the necessary professional knowledge and skills, as well as all opportunities and sufficient time to resolve the dispute as an arbitrator.
  8. I hereby undertake to use the best efforts to ensure high quality, professional and effective resolution of the dispute and to render an arbitral award.
  9. I hereby undertake, when exercising the functions of an arbitrator to act professionally, in good faith, in strict compliance with provisions of the applicable law, the RAC Arbitration Rules and other internal documents of the RAC.
  10. I hereby confirm that I agree with the RAC Rules on Arbitration Fees and Arbitration Costs that is an Appendix to the RAC Arbitration Rules.
  11. I hereby:
    • Ask to appoint an assistant to the Arbitral Tribunal in accordance with Article 38(1) of the RAC Arbitration Rules.
    • Inform that at the moment of signing the Declaration the appointment of an assistant in accordance with Article 38 of the RAC Arbitration Rules is not required.
    • Inform that for the purpose of performing individual assignments unrelated to the resolution of the dispute on the merits or to administration of arbitration, and taking into account the positions of the Parties, I intend to involve an external assistant to the Arbitral Tribunal.

 

[1] International Bar Association, IBA guidelines on conflicts of interest in international arbitration, 25 May 2024. Available at: https://www.ibanet.org/document?id=Guidelines-on-Conflicts-of-Interest-in-International-Arbitration-2024