Ethics in International Arbitration

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.

Catherine A. Rogers, is Professor of Law and International Affairs, and Paul & Marjorie Price Faculty Scholar at Penn State Law. She is also Professor of Ethics, Regulation & the Rule of Law, and Co-Director of the Institute for Ethics, Regulation & Commercial Law, at Queen Mary, University of London. She is a Reporter for the American Law Institute on the Restatement (Third) of the U.S. Law of International Commercial Arbitration, and the author of a series of widely-cited articles about the need for clearer ethical regulation in international arbitration. These works have been published over the past decade and have played an influential role in various law reform efforts. Today, Professor Rogers teaches and lectures throughout the world on issues of international arbitration, ethics, and globalization of the legal profession. Professor Rogers is also actively engaged in various projects to implement in practice many of the ideas and proposals developed in her scholarly work.