SIKA ARBITRATION CENTER
SIKA ARBITRATION CENTRE: GOVERNANCE AND ETHICS POLICIES
Article 1.1: Scope and Purpose
This Code of Ethics establishes the standards of conduct for all arbitrators serving under the Sika Arbitration Centre. It ensures compliance with Act 798 of the Republic of Ghana.
Article 1.2: Independence and Impartiality
- Absolute Impartiality: Every arbitrator must remain completely unbiased throughout the proceedings.
- No Financial Interest: Arbitrators shall not possess any financial or personal interest in the outcome of the dispute.
- Equal Treatment: Arbitrators must treat all parties with strict equality. Each party must receive a full and fair opportunity to present their case.
Article 1.3: Competence and Diligence
- Professional Competence: Arbitrators must accept appointments only if they possess the required legal and technical expertise.
- Expeditious Resolution: Arbitrators must commit sufficient time to ensure a swift, cost-effective resolution without unnecessary delays.
Article 1.4: Communications
- Ex-Parte Bans: Arbitrators shall not communicate privately with any party regarding the merits of the case.
- Transparency: All written or verbal communications must flow through the Sika Arbitration Center Secretariat.
2. Conflict of Interest and Disclosure Policy
Article 2.1: Mandatory Duty of Disclosure
- Prior to Appointment: Prospective arbitrators must sign a formal Declaration of Independence and Impartiality before accepting any case.
- Continuous Obligation: Arbitrators must immediately disclose any circumstances likely to give rise to justifiable doubts about their independence, arising at any stage of the proceedings.
- Scope of Disclosure: Disclosure includes past or present professional, financial, or personal relationships with any party, counsel, or witness.
Article 2.2: Challenge of Arbitrators (Pursuant to Section 13 of Act 798)
- Grounds for Challenge: A party may challenge an arbitrator if circumstances exist that cause justifiable doubts regarding their impartiality or independence.
- Timeframe: A written notice of challenge stating the reasons must be sent within fifteen (15) days of learning about the conflict.
- Decision on Challenge: If the challenged arbitrator does not withdraw, the Sika Arbitration Center Board will issue a final, binding decision on the challenge within fourteen (14) days.
3. Confidentiality and Data Protection Policy
Article 3.1: Confidentiality of Proceedings
- Private Hearings: All arbitration hearings, meetings, and deliberations are strictly private and closed to the general public.
- Documentary Secrecy: All documents, evidence, transcripts, and correspondence produced for the arbitration must remain confidential.
- Awards: Final arbitral awards shall not be published or made public unless both parties give express written consent, or as required by a court of law in Ghana.
Article 3.2: Statutory Compliance and Data Privacy
- Act 843 Compliance: The Sika Arbitration Centre processes all personal data in strict compliance with the Ghana Data Protection Act, 2012 (Act 843).
- Data Security: Case files and digital submissions are stored on highly secure, encrypted servers to prevent unauthorised access.
- Retention Limits: Case data is retained only for the legally mandated period required to fulfil enforcement, audit, or statutory obligations under Ghanaian law.
