Details
- 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
Introduction
1: From an Invisible College to an Ethical No-Man's Land
2: Arbitrators, Barbers & Taxidermists
3: Attorneys, Barbarians & Guerrillas
4: Experts, Partisans & Hired-Guns
5: Gamblers, Loan Sharks & Third-Party Funders
6: Chanticleer, the Fox & Self-Regulation
7: Ariadne's Thread and the Functional Thesis
8: Heriodian Myths and the Impartiality of Arbitrators
9: Duck-Rabbits, a Panel of Monkeys & the Status of International Arbitrators
10: Castles in the Air and the Future of Ethics in International Arbitration
"Lawyers consider themselves to be professionally ethical. But ethics is relative and not everyone plays by the same rules. This book provides a masterful insight into the ethical issues affecting international arbitration and analyses many of the questions that will need to be addressed by the arbitral community if arbitration to be retain its legitimacy." - Audley Sheppard, Global co-Head of the International Arbitration group and the International Law Group, Clifford Chance, London
"For years, scholars and practitioners interested in either professional ethics or international arbitration have known that Professor Catherine Rogers "wrote the book" on how these two fields intersect and demonstrate fundamental global developments in the legal profession. Now she literally has written the book on the subject. At a time when an ever increasing percentage of the world's most important disputes are being arbitrated, the insights Professor Rogers provides in this tightly written and broad-gauged volume about the ethical norms that ought to guide participants, and how those norms should be integrated into the arbitration system itself, have never been more needed or important. This book will be required reading for lawyers, academics, and policymakers interested in the future of international arbitration." - David B. Wilkins, Lester Kissel Professor of Law, Harvard Law School
