Ethics of Counsel in International Arbitration: The Need for A Uniform Code of Conduct

2020 ◽  
Author(s):  
Eeti Garg
Keyword(s):  
Code Of Conduct ◽  
International Arbitration ◽  
Uniform Code

scholarly journals Ethical Dimensions of Arbitrator Resignations

AJIL Unbound ◽  
2019 ◽  
Vol 113 ◽  
pp. 290-295
Author(s):  
Judith Levine
Keyword(s):  
Late Stage ◽  
Ethical Issues ◽  
Code Of Conduct ◽  
International Arbitration ◽  
Ethical Implications ◽  
Potential Impact

This essay considers the ethical implications of arbitrator resignations. The resignation of an arbitrator “can severely disrupt an arbitration, particularly if it occurs at a late stage of the proceedings” and can cause “delays and significantly increased expense” resulting from replacement efforts, possible suspension of proceedings, and even the repetition of hearings. Given its potential impact on the parties and the arbitrator's own liability and reputation, “resigning from office is a serious decision, and should never be taken lightly.” Ethical issues connected with resignation have traditionally been given less prominence than discussion of conflicts and challenges, but should not be overlooked in any new endeavors aimed at developing a code of conduct for international arbitration.

Virtuous volunteer tourism: Towards a uniform code of conduct

2013 ◽  
Vol 16 (1) ◽  
pp. 72-86 ◽  
Author(s):  
Faith Ong ◽  
Michael Pearlman ◽  
Leonie Lockstone-Binney ◽  
Brian King
Keyword(s):  
Code Of Conduct ◽  
Volunteer Tourism ◽  
Uniform Code

Part II Staking Out Theoretical Boundaries and Building the Regime, 7 Ariadne’s Thread and the Functional Thesis

2014 ◽  
Author(s):  
Rogers Catherine A
Keyword(s):  
Self Regulation ◽  
Code Of Conduct ◽  
International Arbitration ◽  
Functional Roles ◽  
Underlying Theory ◽  
Constant Change ◽  
Over Time ◽  
Ethical Obligations

This chapter discusses the ‘Functional Thesis’ posited as the underlying theory uniting the concepts discussed in previous chapters regarding the implementation of ethical self-regulation. The Functional Thesis labours under the presumption that acting upon ethical obligations are dependent upon the role of the agent; it assigns ‘functional roles’ to these agents that can create more flexible distinctions between identities presented in titles such as ‘lawyer’, ‘judge’, and so on. The ethical obligations presented in each role are subject to constant change as demanded by the procedural rules of international arbitration, yet a better understanding of these roles can lay the foundations for a code of conduct. And while these roles may shift to the whims of procedure, ethical expectations are, at least, constant over time.

Ethical Dimensions of Arbitrator Resignations: General Duties, Specific Quandaries, and Sanctions for Suspect Withdrawals

2019 ◽  
Vol 18 (1) ◽  
pp. 55-73
Author(s):  
Judith Levine
Keyword(s):  
Ethical Issues ◽  
Ethical Dilemmas ◽  
Code Of Conduct ◽  
International Arbitration ◽  
Positive Duty ◽  
Ethical Implications ◽  
Arbitral Proceedings

Abstract This article deals with the ethical implications of arbitrator resignations. When an arbitrator resigns it can severely disrupt proceedings. Arbitrators have a positive duty to complete the mandate for which they have been appointed, and a corollary duty not to resign without justification. This article considers steps that can be taken at the outset of proceedings to minimise the likelihood of resignation. It then discusses ethical dilemmas associated with five common circumstances that can arise during the course of arbitral proceedings which might justify resignation. The article then recalls rare but disturbing instances when a resignation itself may be ethically dubious and sets out measures available to discourage such conduct. Ethical issues connected with resignation have traditionally been given less prominence than discussion of conflicts and challenges, but should not be overlooked in any new endeavors aimed at developing a code of conduct for international arbitration.

Understanding Guerrilla Tactics in International Arbitration

1970 ◽  
Vol 3 (2) ◽  
pp. 69-84
Author(s):  
Oberoi Preet Singh
Keyword(s):  
Dispute Resolution ◽  
Code Of Conduct ◽  
Level Playing Field ◽  
International Arbitration ◽  
Playing Field ◽  
Bar Association

This paper delves into some of the major inconveniences caused to the parties engaging in arbitration and seeks to analyze the causes of guerrilla tactics in particular, in order to devise the necessary framework required to control it. Arbitration for dispute resolution has become prominent in the recent times. However, a number of leading arbitrators and practitioners have described the continuing lack of ethical regulation as a potential crisis that threatens the legitimacy of international arbitration. This paper looks at how arbitration can be developed as a means of dispute resolution by providing a level playing field to its parties, thereby restoring its lost credibility. The paper also highlights the need to have an internationally approved code of conduct like the recent International Bar Association (IBA) guidelines, to curb guerrilla tactics in international arbitration.

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