Ethics in International Arbitration
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Product details:
- Publisher OUP Oxford
- Date of Publication 25 September 2014
- ISBN 9780195337693
- Binding Hardback
- No. of pages410 pages
- Size 253x178x27 mm
- Weight 884 g
- Language English 0
Categories
Short description:
This book provides a framework for developing formal ethical rules and a reliable enforcement regime in the increasingly important international arbitration system.
MoreLong description:
International arbitration is a remarkably resilient institution, but many unresolved and largely unacknowledged ethical quandaries lurk below the surface. Globalisation of commercial trade has increased the number and diversity of parties, counsel, experts and arbitrators, which has in turn lead to more frequent ethical conflicts just as procedures have become more formal and transparent. The predictable result is that ethical transgressions are increasingly evident and less tolerable. Despite these developments, regulation of various actors in the systemarbitrators, lawyers, experts, third-party funders and arbitral institutionsremains ambiguous and often ineffectual.
Ethics in International Arbitration systematically analyses the causes and effects of these developments as they relate to the professional conduct of arbitrators, counsel, experts, and third-party funders in international commercial and investment arbitration. This work proposes a model for effective ethical self-regulation, meaning regulation of professional conduct at an international level and within existing arbitral procedures and structures. The work draws on historical developments and current trends to propose analytical frameworks for addressing existing problems and reifying the legitimacy of international arbitration into the future.
Rogers book, as a literary work, is rich. It is vibrantly written and exposes the reader to a thoughtful mix of cross-disciplinary learning. Even looking at the work's more prosaic features, there is much to appreciate. Despite the abundance of arbitration-related books currently on offer, Professor Rogers Ethics in International Arbitration makes a singular contribution to the literature. For its mapping of third-party funding issues alone it is worth having, but that is just one of its unique contributions. The scope and depth of the book are indeed impressive, and the flair with which it is executed is refreshing. The book fills a distinctive space and is destined to become one of the arbitration world's oft-cited references.
Table of Contents:
Introduction
From an Invisible College to an Ethical No-Man's Land
Arbitrators, Barbers & Taxidermists
Attorneys, Barbarians & Guerrillas
Experts, Partisans & Hired-Guns
Gamblers, Loan Sharks & Third-Party Funders
Chanticleer, the Fox & Self-Regulation
Ariadne's Thread and the Functional Thesis
Heriodian Myths and the Impartiality of Arbitrators
Duck-Rabbits, a Panel of Monkeys & the Status of International Arbitrators
Castles in the Air and the Future of Ethics in International Arbitration
