Ethics in International Arbitration 1st Edition by Catherine Rogers – Ebook PDF Instant Download/Delivery: 0191022187, 978-0191022180
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ISBN 10: 0191022187
ISBN 13: 978-0191022180
Author: Catherine Rogers
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.
Ethics in International Arbitration 1st Table of contents:
1. From an Invisible College to an Ethical No-Man’s Land
A. The early modern international arbitration system
B. Modern international arbitration
C. Globalization of the legal profession
D. Regulation of transnational law practice
E. Regulation of attorneys in international arbitration
F. Conclusion
2. Arbitrators, Barbers, and Taxidermists
A. Arbitrator selection and the marketplace for arbitrator services
B. Sources of international arbitrators’ ethical duties
C. International arbitrators’ substantive ethical obligations
D. Conclusion
3. Attorneys, Barbarians, and Guerrillas
A. Counsel ethics in international arbitration proceedings
B. National differences in ethical rules
C. Internationalization and enforcement
D. Conclusion
4. Experts, Partisans, and Hired Guns
A. Comparative differences in expert witnessing
B. Expert witnesses in international arbitration
C. Procedural reforms and the panda’s thumb
D. Conclusion
5. Gamblers, Loan Sharks, and Third-Party Funders
A. Definitions and mechanics
B. Funders and other participants in international arbitration
C. Regulation of third-party funding in international arbitration
D. Conclusion
II Staking Out Theoretical Boundaries and Building the Regime
6. Chanticleer, the Fox, and Self-Regulation
A. Defining self-regulation
B. Self-regulation in international arbitration
C. Conclusion
7. Ariadne’s Thread and the Functional Thesis
A. A theory of professional ethics
B. The Functional Thesis as a prescriptive tool
C. Conclusion
8. Herodotian Myths and the Impartiality of Arbitrators
A. The myth of the ‘non-humanness of judges’
B. The new role and new ethics of investment arbitrators
C. Impartiality obligations of party-appointed arbitrators
D. Reforming and refining the selection process
E. Conclusion
9. Duck-Rabbits, a Panel of Monkeys, and the Status of International Arbitrators
A. Competing models of international arbitration
B. Squinting hard to see arbitrators’ duality
C. Conclusion
10. Castles in the Air and the Future of Ethics in International Arbitration
A. The future of international arbitration
B. The future of ethics in international arbitration
C. The future of ethical self-regulation
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