我國仲裁人倫理規範之觀察與展望

Current Observation and Prospect on Taiwan’s Code of Ethics for Arbitrators

我國仲裁人倫理規範係因一九九九年修正「仲裁機構組織與調解程序及費用規則」所生，由各仲裁機構制定明文規範，至今已有二十二年。仲裁倫理規範之範圍，有仲裁機構之倫理規則以及非仲裁機構之倫理規則，進一步可區分為狹義、廣義與最廣義之別。自我國制定仲裁人倫理規範之法規脈絡及統整，可得知各仲裁協會之仲裁人倫理規範有相一致之內容，雖已具有內部強制的拘束力，仍建議參照律師倫理規範修法歷程，自仲裁法直接授權予仲裁機構制定，提升其法律上位階，以加強重視及促進仲裁人執行職務時具備相關規範意識，並建立共同聯合刊登平台，加強懲處決定書之公示效果，以彰顯仲裁人之不適任，增益仲裁制度功能完整發揮，並提升我國仲裁機構信譽及國際競爭力。

The Code of Ethics for Arbitrators was authorized for each individual institution to frame their own rules under the “Regulation Governing Organization, Mediation Procedures and Fees of Arbitration Institution” ever since its revision in 1999, and has not been amended for over 22 years. The Code of Ethics can be categorized as rules that specifically regulates arbitrators and rules that regulates others. Those which regulates arbitrators can be further observe in a narrow, broad and broadest sense. In assessing the variety rules concerning the Code of Ethics for Arbitrators, despite equivalency in their context, the normative hierarchy of its sources still exist in the form of self-disciplinary nature. In optimizing the credibility and integrity of arbitration system, while also improving its international competitiveness, this article suggests that the current adoption of these rules should reference those of “Ethical Regulation of Attorneys”, which delegates its authority through legislation rather than self-discipline. Furthermore, creating a focal point of public notification platform to properly inform all arbitrating institutions for any violation of the code of ethics. This move allows all arbitrating institutions to be well informed in case of any violations of ethical code, unseating unfit arbitrators, and enhance their awareness in complying with ethical standards.