I.   Introductory Provisions

Arbitration is the form, method and process by which a matter of dispute or contention between two or more parties is investigated and determined by an independent party chosen by the parties and granted the office of arbitrator to issue a judgment and decision. 

The word Arbitration comes from the Latin word arbitratio meaning “to judge; to witness or observe”.

There are seven core elements that must be present for any valid Arbitration being Intention, Independence, Terms, Consent, Disclosure, Investigation and Conclusion:

(i) Intention is that the parties come together in Good Faith, with Good Character (i.e. clean hands) and with Good Conscience (i.e. without prejudice). Without Good Intention, any agreement through Arbitration may be fraudulent and invalid; and

(ii) Independence is that the Arbitrator nominated and selected by Parties is completely independent and at arms length to both Parties, without the possibility of having a conflict of interest, or vested interest or predisposed bias. An Arbitrator is forbidden to act with unclean hands; and

(iii) Terms is that there exists some specific, general or customary terms of an agreement by which the parties proceed with Arbitration, such as the by-laws of a company or an employment agreement; and

(iv) Consent is that the parties consent to be bound by the decision of Arbitration; and

(v) Disclosure is that all the evidence and claims and counter claims to the dispute are disclosed and considered and non withheld, altered, tampered, restricted unless agreed by the Parties or the Terms provide clear instruction; and

(vi) Investigation is that a thorough and proper investigation is conducted and an objective weighing of evidence is considered such that a reasonable person would likely conclude the Arbitration has been conduced fairly and with due process; and

(vii) Conclusion is the conclusion reached by the Arbitrator providing the reasons and explanation for any judgment (being a sub part of the conclusion).

All alleged actions of Arbitration where the claimed Arbitrator is a member of a society or fraternity requiring a oath that prevents or obstructs or abrogates complete Good Faith, Good Character and Good Conscience in addressing matters with Parties who are not members of the same society or fraternity are null and void from the beginning, having no force ecclesiastically, morally, lawfully or legally.

An Arbitrator is forbidden ecclesiastically, morally and lawfully from hearing a claimed Arbitration where they have an association, or interest with one of the Parties and thus have Unclean Hands or cannot effectively act with independence.