Ethics in International Arbitration

• The first work to comprehensively analyses issues relating to the ethics and professional conduct of participants in international arbitration
• Provides comprehensive analysis of an arbitrators role, including party-appointed arbitrators and chairpersons, and an in-depth examination of IBA Guidelines on Conflicts of Interest in International Arbitration
• Analyses the IBA Guidelines on the Conduct of Party Representatives, national regulation of the legal profession, new provisions in arbitral rules, and related tribunal remedial powers in light of attorney misconduct
• Assesses issues regarding the ethics of expert witnesses in international arbitral proceedings
• Analyses regulatory issues relating to third-party funders
• Combines practical insights and theoretical analysis of issues relating to professional regulation in international commercial and investment arbitration
• Written by one of the leading authorities on international arbitration
• Additional materials and updates available on a companion website

International arbitration is a remarkably resilient institution, but many unresolved and largely unacknowledged ethical quandaries lurk below the surface. Globalisation of commercial trade has increased the number and diversity of parties, counsel, experts and arbitrators, which has in turn lead to more frequent ethical conflicts just as procedures have become more formal and transparent. The predictable result is that ethical transgressions are increasingly evident and less tolerable. Despite these developments, regulation of various actors in the systemarbitrators, lawyers, experts, third-party funders and arbitral institutionsremains ambiguous and often ineffectual.

Ethics in International Arbitration systematically analyses the causes and effects of these developments as they relate to the professional conduct of arbitrators, counsel, experts, and third-party funders in international commercial and investment arbitration. This work proposes a model for effective ethical self-regulation, meaning regulation of professional conduct at an international level and within existing arbitral procedures and structures. The work draws on historical developments and current trends to propose analytical frameworks for addressing existing problems and reifying the legitimacy of international arbitration into the future.

Readership: Law students and scholars interested in legal ethics and professional responsibility