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Vol 21 No 11 Nov/Dec 2016

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Ethics in International Arbitration


ISBN13: 9780198713203
Published: September 2014
Publisher: Oxford University Press
Country of Publication: USA
Format: Paperback
Price: £44.99
Hardback edition , ISBN13 9780195337693



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Although international arbitration is a remarkably resilient institution, many unresolved and largely unacknowledged ethical quandaries lurk below the surface. With the expansion of world trade, the pool of parties, counsel, experts and arbitrators has become more numerous and more diverse, such that informal social controls are no longer a sufficient substitute for formal ethical regulation.

At the same time, the international arbitration system has veered sharply toward more formal and transparent procedures, meaning that ethical transgressions are bound to become more evident and less tolerable. Despite these clear signals, regulation of various actors in the system-arbitrators, lawyers, experts and arbitral institutions-has not evolved to keep apace of these needs.

Ethics in International Arbitration provides a framework for developing much needed formal ethical rules and a reliable enforcement regime in the international arbitration system. Catherine Rogers accomplishes this goal in three parts. The first Part analyzes the underlying problems caused by the current lack of regulation and reveal how these problems affect modern international arbitration practice.

The Second Part proposes a theoretical framework for resolving these conflicts so effective ethical rules can be developed to guide and regulate various participants' conduct, and the third part proposes integrated mechanisms for enforcing ethical rules.

Subjects:
Arbitration and Dispute Resolution
Contents:
PART I: MAPPING THE REGULATORY TERRAIN
INTRODUCTION
1. From an Invisible College to an Ethical No-Mans Land
2. Arbitrators, Barbers & Taxidermists
3. Attorneys, Barbarians & Guerrillas
4. Experts, Partisans & Hired Guns
5. Gamblers, Loan Sharks & Third-Party Funders

PART II: STAKING OUT THE THEORETICAL CONCEPTS
6. Defining the Self in Self-Regulation
7. Ariadnes Thread and the Functional Theory
8. Herodian Myths and the Impartiality of Arbitrators
9. Trial by Battle and the Limits of Consent

PART III: BUILDING THE REGIME
10. The Leading Role of Arbitral Tribunals and Institutions
11. National Courts & Bar Authorities as Facilitators and Ultimate Bulwark
12. Catching Lightening in a Bottle & the Future of Professional Regulation in International Arbitration