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|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.
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