The Ethics of International Arbitrators

Abstract

Historically, arbitrator conduct was guided exclusively by arbitrators' internal ethos and informal social controls. Today, instead of being reserved to personal reflection, arbitrator ethics have become an important topic of public debate, and various trends have led to a proliferation of specialized codes of ethics, rules intended to guide and govern arbitrators' conduct and national court cases evaluating their conduct. In light of these developments, international arbitrators and parties must be aware of how arbitrator ethics affect arbitral proceedings and, consequently, their rights and obligations in those proceedings. This Chapter is part of a forthcoming book, Leading Arbitrators' Guide to International Arbitration (Juris Publishing 2008). It provides an overview of the essential considerations for arbitrators and parties. It begins by providing an overview of the sources that define the obligations of arbitrators, and then outlines and discusses the various obligations, beginning with the most critical obligation of impartiality.

Keywords: ethics, professional responsiblity, international arbitration, investment arbitration, international institutions, self-regulation, arbitration, alternative dispute resolution