When the Arbitrator Creates the Conflict: Understanding Arbitrator Ethics through the IBA Guidelines on Conflict of Interest and Published Challenges

20 Pages Posted: 21 Jul 2016

See all articles by James Ng

James Ng

New York University (NYU), School of Law, Students

Date Written: July 18, 2016

Abstract

Arbitrator ethics is one of the most underdeveloped areas in international arbitration. Arbitrators are generally required to meet a baseline level of neutrality by disclosing any potential ethical conflicts and remaining independent and impartial throughout the arbitral process. Unfortunately, not all arbitral practice has met these ethical requirements. The “Application Lists” of the International Bar Association (IBA) Guidelines on Conflict of Interest in International Arbitration provide a theoretical basis for considering such ethical conflicts. This paper takes the “Application Lists” one step further: by matching them with published records of arbitrator challenges from the London Court of International Arbitration (LCIA) and the International Centre for Settlement of Investment Disputes (ICSID), the author will provide a practical scheme to gauge whether an ethical conflict merits disclosure or disqualification.

Suggested Citation

Ng, James, When the Arbitrator Creates the Conflict: Understanding Arbitrator Ethics through the IBA Guidelines on Conflict of Interest and Published Challenges (July 18, 2016). McGill Journal of Dispute Resolution, Vol. 2, No. 1, 2016. Available at SSRN: https://ssrn.com/abstract=2811192

James Ng (Contact Author)

New York University (NYU), School of Law, Students ( email )

New York, NY
United States

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