Preamble
This Code sets out the ethical standards and professional conduct expected from members of the Company for Construction Law & Dispute Resolution – India (SCLDR-India).
All members shall uphold the highest standards of integrity, professionalism, impartiality, and responsibility in their practice, research, and professional engagements in the fields of construction law, arbitration, mediation, adjudication, and contract management.
General Principles
1. Integrity & Honesty
Members shall act with integrity, honesty, and fairness in all professional activities.
2. Professional Competence
Members shall maintain professional knowledge, skills, and competence through continuous learning.
3. Impartiality & Independence
Members acting as arbitrators, mediators, adjudicators, or experts shall remain impartial and disclose any potential conflicts of interest.
4. Confidentiality
Members shall respect the confidentiality of information acquired during professional assignments, proceedings, or research.
5. Accountability
Members are accountable for their conduct and must adhere to the laws of India, the rules of the Company, and accepted international best practices.
Professional Conduct
Members shall avoid any conduct that may bring disrepute to the Company or the profession.
Members shall not engage in harassment, discrimination, or unfair treatment of colleagues, clients, or parties.
Members shall not misrepresent their qualifications, experience, or the Company’s endorsement.
Members shall not use the Company’s name for personal or commercial gain without authorization.
Members shall ensure that publications, speeches, or teaching reflect fairness, accuracy, and acknowledgment of sources.
Conflict of Interest
Members shall disclose any financial, professional, or personal interest that may affect their independence or objectivity.
Members serving as neutrals (arbitrators, mediators, adjudicators) shall make timely disclosures as per international standards (IBA Guidelines on Conflicts of Interest).
Members shall recuse themselves from assignments where a conflict of interest cannot be managed.
Conduct in Dispute Resolution Proceedings
Fair Treatment – Members shall ensure equal treatment of all parties and uphold natural justice.
Avoiding Delay – Members shall conduct proceedings efficiently, without unnecessary delay or expense
Respect for Law – Members shall apply the governing law, contract terms, and procedural rules faithfully.
Decision Making – Members shall provide reasoned, well-researched, and impartial decisions.
Disciplinary Provisions
Violation of this Code shall attract disciplinary action by the Ethics & Professional Conduct Committee of the Company.
Sanctions may include:
- Warning or reprimand
- Suspension of membership
- Termination of membership
- Removal from panels of neutrals
Members shall have a right to a fair hearing before disciplinary measures are imposed.
Obligations of Institutional Members
Institutional members (law firms, companies, consultancies) shall ensure their representatives adhere to this Code.
They shall promote ethical practices in their projects, contracts, and dispute management
Continuous Professional Development (CPD)
Members shall commit to lifelong learning in construction law, contracts, and ADR mechanisms.
The Company may prescribe mandatory CPD hours, training, or workshops as a condition for continued membership.
Professional Courtesy & Collaboration
Members shall treat peers, parties, counsel, and institutions with courtesy and respect.
Members shall encourage knowledge sharing, mentoring, and capacity building within the profession.
Members shall acknowledge contributions of colleagues and collaborators
Confidentiality & Data Protection
Members shall preserve confidentiality of case materials, deliberations, and awards
Members shall not disclose or use information for personal gain or third-party advantage.
Members shall comply with applicable data protection and privacy laws.
