Book contents
- Cambridge Compendium of International Commercial and Investment Arbitration
- Cambridge Compendium of International Commercial and Investment Arbitration
- Copyright page
- Contents
- Figures
- Tables
- Contributors
- Preface
- Part I Foundations
- Part II Public Law Questions Relating to Arbitration
- Part III Stakeholders in Arbitration
- Part IV Applicable Law
- 16 International Commercial Arbitration and Private International Law
- 17 Lex Arbitri and the Rules of Procedure
- 18 Applicable Law in Commercial Arbitration
- 19 Applicable Law in International Investment Arbitration
- 20 The Emergence of Soft Law as an Applicable Source of Procedural and Substantive Law
- 21 Mandatory Law: International Commercial and Investment Treaty Arbitration
- 22 Applicable Ethical Framework in Commercial and Investment Arbitration
- Part V Jurisdiction of the Arbitrator
- Part VI The Arbitral Tribunal
- Part VII Procedural Questions in Arbitration
- Part VIII Role of State Courts in Arbitration
- Part IX Awards
- Part X Post-Award Issues
- Part XI Legal Concepts
- Part XII Areas of Concern
- Part XIII Arbitration and Related Fields
- Part XIV EU Law and Arbitration
22 - Applicable Ethical Framework in Commercial and Investment Arbitration
from Part IV - Applicable Law
Published online by Cambridge University Press: 18 February 2023
- Cambridge Compendium of International Commercial and Investment Arbitration
- Cambridge Compendium of International Commercial and Investment Arbitration
- Copyright page
- Contents
- Figures
- Tables
- Contributors
- Preface
- Part I Foundations
- Part II Public Law Questions Relating to Arbitration
- Part III Stakeholders in Arbitration
- Part IV Applicable Law
- 16 International Commercial Arbitration and Private International Law
- 17 Lex Arbitri and the Rules of Procedure
- 18 Applicable Law in Commercial Arbitration
- 19 Applicable Law in International Investment Arbitration
- 20 The Emergence of Soft Law as an Applicable Source of Procedural and Substantive Law
- 21 Mandatory Law: International Commercial and Investment Treaty Arbitration
- 22 Applicable Ethical Framework in Commercial and Investment Arbitration
- Part V Jurisdiction of the Arbitrator
- Part VI The Arbitral Tribunal
- Part VII Procedural Questions in Arbitration
- Part VIII Role of State Courts in Arbitration
- Part IX Awards
- Part X Post-Award Issues
- Part XI Legal Concepts
- Part XII Areas of Concern
- Part XIII Arbitration and Related Fields
- Part XIV EU Law and Arbitration
Summary
This chapter examines the ethical regulation of participants in the arbitral process. The starting point is what is provided for and omitted by arbitration’s coordinating instruments, the New York and ICSID Conventions. While these conventions only expressly set out a few ethical rules, they determine the sources, obligations, forums, and alternatives related to ethics. Along with national arbitration laws, the conventions set limits on the content of the obligations that the parties can introduce into arbitral proceedings, such as institutional arbitration rules and soft law instruments. In terms of substantive obligations, they require that all participants uphold the fairness and integrity of arbitral proceedings while fulfilling their respective duties. The New York and ICSID Conventions also coordinate a multi-level network of forums to enforce these ethical obligations, the most prominent of which being arbitral tribunals. Yet, the imprecise delimitation of powers between national and international authorities on ethical issues is problematic today. The key to resolving this problem is not developing further substantive obligations, but rather better addressing the interplay between national and international frameworks regulating participants in the arbitral process.
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- Publisher: Cambridge University PressPrint publication year: 2023