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cover issues as disclosure obligations, confidentiality, and independence and
impartiality. In the meantime, the CETA applies the IBA Guidelines on Conflicts

of Interest in International Arbitration.

(b) Code of Conduct

The EU-Vietnam FTA contains Annex II, labelled Code of Conduct for
Arbitrators and Mediators, applicable to arbitrators and candidates on the list

of arbitrators under Chapter X (Dispute Settlement). Rule 2 requires arbitrators

and candidates to be independent and impartial and to avoid any direct and
indirect conflicts of interests, as well as to observe high standards of conduct
to preserve the integrity and impartiality of the dispute settlement process. It

should be noted that unlike the CETA, the EU-Vietnam FTA does not explicitly

prohibit arbitrators from acting as counsel, expert or witness in other pending
or new investment dispute.

Rule 10 further specifies that arbitrators must avoid creating an
appearance of impropriety or bias and must not be influenced by
self-interest, outside pressure, political considerations, public clamour, and

loyalty to a party or fear of criticism.

The EU-Vietnam FTA imposes a disclosure obligation and a requirement

to take reasonable steps to become aware of matters to be disclosed.
A potential arbitrator must disclose any interest, relationship or matter that is

likely to affect his or her independence or impartiality or that might reasonably
66
create an appearance of impropriety or bias. A candidate is also required
to undertake all reasonable measures to become aware of any such interest.

66. Rule 3 of the Code of Conduct, Annex II of the Chapter X of the EU-Vietnam FTA.

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