The Duty of Arbitral Institutions to Preserve the Integrity of Arbitral Proceedings

Contemporary Asia Arbitration Journal, Vol. 10, No. 2, pp. 201-233, November 2017

34 Pages Posted: 13 Dec 2017

See all articles by Stephan Wilske

Stephan Wilske

Heidelberg University; Leibniz Universität Hannover; German University for Administrative Sciences Speyer

Date Written: November 30, 2017

Abstract

This paper deals with the power and the duty of arbitral institutions to preserve the integrity of arbitral proceedings by upholding and enforcing ethical minimum standards in international arbitration. Institutional arbitration presents significant advantages when it comes to enforcing ethical standards in comparison to ad hoc arbitration. The author highlights the crucial potential role of arbitral institutions in holding the participants of an arbitration accountable. This objective is achieved by the rule-making function of arbitral institutions. The objective may also be achieved by the institutions in exercising their multifarious power at the time of appointment and during the conduct of arbitration proceedings vis-à-vis arbitrators, parties and party representatives. This paper argues for a continued and enhanced involvement of arbitral institutions in preserving the integrity of arbitral proceedings. The author concludes that arbitral institutions could be much more courageous in leading the way other institutions should follow. He calls upon the younger generation of arbitral practitioners to help moving the arbitration community towards the right direction in order to ensure that arbitration delivers what it promises.

Keywords: ad hoc arbitration, admission of counsel, arbitration guerrillas, arbitrator appointment, blacklisting of arbitrators, blacklisting of counsel, codes of conduct, compensation of arbitrators, counsel conduct, cronyism, ethical minimum standards, exclusion of counsel, impartiality and independence

Suggested Citation

Wilske, Stephan, The Duty of Arbitral Institutions to Preserve the Integrity of Arbitral Proceedings (November 30, 2017). Contemporary Asia Arbitration Journal, Vol. 10, No. 2, pp. 201-233, November 2017, Available at SSRN: https://ssrn.com/abstract=3085576

Stephan Wilske (Contact Author)

Heidelberg University ( email )

Grabengasse 1
Heidelberg, 69117
Germany

Leibniz Universität Hannover ( email )

Welfengarten 1
D-30167 Hannover, 30167
Germany

German University for Administrative Sciences Speyer

Freiherr vom Stein Strasse 2
Freiherr vom Stein Strasse 2
Speyer, D-67346
Germany

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
392
Abstract Views
1,100
Rank
144,358
PlumX Metrics