Book Review: Ethics in International Arbitration
Disp. Resol. Mag., Summer 2015, at 18
4 Pages Posted: 28 Apr 2016
Date Written: Summer 2015
A paradigmatic international commercial arbitration involves two or more opposing teams of lawyers, each member of which may be licensed in a jurisdiction different from that of his counterparts. In turn, none of those participating will necessarily be called to the bar at the seat of arbitration, which may have been chosen for its geographic and systemic neutrality rather than its affiliation with any of the arbitration participants. The arbitral tribunal is ordinarily composed of three law-trained arbitrators, two of whom have had a limited form of ex parte contact with the appointing party’s counsel before receiving their respective appointments. During the arbitration, experts and fact witnesses typically present oral testimony and submit written witness statements or expert reports, as the case may be. In recent years, third-party funders have also become prevalent in international arbitration, most notably in relation to investor-state arbitration; with these nonparties supplying the money, issues related to strategy and control of the arbitration naturally arise.
These various players are subject to no single binding source of ethical guidance governing their activities. Under such circumstances, the actors may hold conflicting notions of the strictures applicable to them before, during, and after the arbitration process. Catherine A. Rogers’ Ethics in International Arbitration systematically examines this state of affairs from legal, sociological, and cultural perspectives – and does so in an engaging and thought-provoking way.
Keywords: international arbitration, ethics, international commercial arbitration
Suggested Citation: Suggested Citation