Ethics In International Arbitration

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Ethics in International Arbitration

Catherine A. Rogers
Ethics in International Arbitration Book PDF

Author : Catherine A. Rogers
Publisher : Oxford University Press, USA
Page : 0 pages
File Size : 47,7 Mb
Release : 2014
Category : Law
ISBN : 0198713207

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Ethics in International Arbitration by Catherine A. Rogers Pdf

International arbitration is a remarkably resilient institution, but many unresolved and largely unacknowledged ethical quandaries lurk below the surface. Globalization 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 system arbitrators, lawyers, experts, third-party funders and arbitral institutions remains 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.

Ethics in International Arbitration

Catherine A. Rogers
Ethics in International Arbitration Book PDF

Author : Catherine A. Rogers
Publisher : Unknown
Page : 1096 pages
File Size : 45,7 Mb
Release : 2014
Category : Arbitrators
ISBN : 0191819689

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Ethics in International Arbitration by Catherine A. Rogers Pdf

Although international arbitration is a remarkably resilient institution, many unresolved and largely unacknowledged ethical quandaries lurk below the surface. This text provides a framework for developing much-needed formal ethical rules and a reliable enforcement regime in the international arbitration system--

Key Duties of International Investment Arbitrators

Katia Fach Gómez
Key Duties of International Investment Arbitrators Book PDF

Author : Katia Fach Gómez
Publisher : Springer
Page : 222 pages
File Size : 50,5 Mb
Release : 2018-10-31
Category : Law
ISBN : 9783319981284

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Key Duties of International Investment Arbitrators by Katia Fach Gómez Pdf

This book critically analyses how arbitration cases, institutional rules and emerging codes of conduct in the international arbitration sector​ have ​dealt with​ a series of​ key​ arbitrator duties to date. In addition, it ​offers a range of feasible and well-grounded proposals regarding ​investment arbitrators’ duties in the future. The following aspects are examined in depth: the duty of disclosure the duty to investigate​ the duty of diligence​ and integrity​, which in turn may be divided into temporal availability, a non-delegation of responsibilities, and adhering to appropriate behaviour​ the duty of confidentiality, and other duties such as monitoring arbitration costs, or continuous training​. Investment arbitration is currently undergoing sweeping changes. The EU proposal to create a Multilateral Investment Court incorporates a number of ground-breaking developments with regard to arbitrators. Whether this new model of permanent “members of the court” will ever become a reality, or whether the classical ex-parte arbitrator system will manage to retain its dominance in the investment arbitration milieu, this book is based on the assumption that there is a current need to re-examine and rethink the main duties of investment arbitrators. Apart from being the first monograph to analyse these​ duties in detail, the book will spark a crucial debate among international scholars and practitioners. It is essential to identify arbitrators’ duties and find consensus on how they should be reshaped in the near future, so that these central figures in investment arbitration can reinforce the legitimacy of a system that is currently in crisis.

Ethics in International Arbitration

Catherine Rogers
Ethics in International Arbitration Book PDF

Author : Catherine Rogers
Publisher : OUP Oxford
Page : 0 pages
File Size : 43,5 Mb
Release : 2014-04
Category : Law
ISBN : 0195337697

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Ethics in International Arbitration by Catherine Rogers Pdf

Although international arbitration is a remarkably resilient institution, many unresolved and largely unacknowledged ethical quandaries lurk below the surface. With the expansion of world trade, the pool of parties, counsel, experts and arbitrators has become more numerous and more diverse, such that informal social controls are no longer a sufficient substitute for formal ethical regulation. At the same time, the international arbitration system has veered sharply toward more formal and transparent procedures, meaning that ethical transgressions are bound to become more evident and less tolerable. Despite these clear signals, regulation of various actors in the system-arbitrators, lawyers, experts and arbitral institutions-has not evolved to keep apace of these needs. Ethics in International Arbitration provides a framework for developing much needed formal ethical rules and a reliable enforcement regime in the international arbitration system. Catherine Rogers accomplishes this goal in three parts. The first Part analyzes the underlying problems caused by the current lack of regulation and reveal how these problems affect modern international arbitration practice. The Second Part proposes a theoretical framework for resolving these conflicts so effective ethical rules can be developed to guide and regulate various participants' conduct, and the third part proposes integrated mechanisms for enforcing ethical rules.

The Principles and Practice of International Commercial Arbitration

Margaret L. Moses
The Principles and Practice of International Commercial Arbitration Book PDF

Author : Margaret L. Moses
Publisher : Cambridge University Press
Page : 91 pages
File Size : 47,5 Mb
Release : 2008-03-17
Category : Law
ISBN : 9781139469975

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The Principles and Practice of International Commercial Arbitration by Margaret L. Moses Pdf

This title provides the reader with immediate access to understanding the world of international arbitration. Arbitration has become the dispute resolution method of choice in international transactions. This book explains how and why arbitration works. It provides the legal and regulatory framework for international arbitration, as well as practical strategies to follow and pitfalls to avoid. It is short and readable, but comprehensive in its coverage of the basic requirements, including changes in arbitration laws, rules, and guidelines. In the book, the author includes insights from numerous international arbitrators and counsel, who tell firsthand about their own experiences of arbitration and their views of the best arbitration practices. Throughout the book, the principles of arbitration are supported and explained by the practice, providing a concrete approach to an important means of resolving disputes.

Professional Ethics at the International Bar

Arman Sarvarian
Professional Ethics at the International Bar Book PDF

Author : Arman Sarvarian
Publisher : OUP Oxford
Page : 336 pages
File Size : 49,9 Mb
Release : 2013-09-26
Category : Law
ISBN : 9780191668838

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Professional Ethics at the International Bar by Arman Sarvarian Pdf

Over the past twenty years, the volume of international litigation and arbitration has increased exponentially. As the number of new international courts and tribunals has proliferated, the diversity and volume of advocates appearing before the international courts has also increased. With this increase, the ethical standards that apply to counsel have become a growing field of interest to practitioners of public international law. Problems threatening the integrity of the international judicial process and concerns about divergent ethical standards amongst counsel have multiplied in the international judicial system, prompting early attempts by senior members of the 'international bar' to articulate common ethical standards. Professional Ethics at the International Bar examines the question of how to articulate common ethical standards for counsel appearing before international courts and tribunals, and the legal powers and practical ability of international courts to prescribe and enforce such standards. It conducts original research into both the theory and practice of the issues arising from this nascent process of professionalization. Using various sources, including interviews with judges, registrars, and senior practitioners, it argues that the professionalization of advocacy through the articulation of common ethical standards is both desirable and feasible in order to protect the integrity and fairness of the international judicial process.

Legal and Ethical Aspects of International Business

Scott J. Shackelford,Anjanette H. Raymond,Eric L. Richards
Legal and Ethical Aspects of International Business Book PDF

Author : Scott J. Shackelford,Anjanette H. Raymond,Eric L. Richards
Publisher : Aspen Publishing
Page : 953 pages
File Size : 49,7 Mb
Release : 2021-01-31
Category : Law
ISBN : 9781543820591

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Legal and Ethical Aspects of International Business by Scott J. Shackelford,Anjanette H. Raymond,Eric L. Richards Pdf

Effective managers must accurately assess the legal and ethical ramifications of complex business transactions. This requires familiarity with the basic principles of comparative and international law, including trade, and an understanding of the importance of culturally diverse ethical traditions in all business relationships. Legal and Ethical Aspects of International Business is your authoritative guide to the law and ethics of business leadership in the global market. It provides the vehicle for today’s and tomorrow’s managers to successfully navigate the legal and ethical environment of business around the world. New to the Second Edition: This new edition constitutes a substantial reorganization from the first edition. In particular, the text is now composed of four parts: Part One, Public International Law and Business Ethics Part Two, Global Contracting and Resolution of Private Disputes Part Three, Import and Export Law Part Four, Protecting Ideas, Individuals and Infrastructure The new edition also includes updated cases and new issues, including cybersecurity and sustainability. Professors and student will benefit from: Well-selected and well-edited cases in each chapter help foster discussions. Finely crafted end of chapter exercises support students’ grasp of the more difficult concepts. Integrated ethics coverage appears throughout the book. Numerous examples provide context and real-world application of concepts. Rich graphics reinforce key models.

CSR and Codes of Business Ethics in the USA, Austria (EU) and China and their Enforcement in International Supply Chain Arbitrations

Adolf Peter
CSR and Codes of Business Ethics in the USA Austria EU and China and their Enforcement in International Supply Chain Arbitrations Book PDF

Author : Adolf Peter
Publisher : Springer Nature
Page : 225 pages
File Size : 40,6 Mb
Release : 2021-03-27
Category : Business & Economics
ISBN : 9789813360730

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CSR and Codes of Business Ethics in the USA, Austria (EU) and China and their Enforcement in International Supply Chain Arbitrations by Adolf Peter Pdf

This book analyzes the implementation of CSR reporting and codes of business conduct and ethics in the legal systems of the USA, Austria and China and their enforcement in international supply chain arbitrations. The book demonstrates that long-term profit maximization is increasingly intertwined with corporate ethics and CSR policies. In order to prevent window-dressing and greenwashing, certain control mechanisms and legal standards are required along the entire supply chain. This book introduces an ethics and CSR system recommending a reward-based whistleblowing mechanism, internal oversight by a CSR and Ethics Committee comprised of independent board members and at least one sustainability expert, and an external, independent and comprehensive assurance of CSR reports provided by auditing firms or newly formed governmental agencies consisting of certified CSR experts. The author emphasizes the significance for supply chain leaders to ensure contractual enforcement of their codes of business ethics and conduct along the supply chain. Against this background, the author created a comprehensive fictitious case scenario covering a supply chain dispute arising from the breach of the supply chain leader’s code of business conduct and ethics by a lower-tier supply chain member. The author acknowledges the fact that in most of the cases the governing law of international supply chain contracts is English law or law based on English law. Thus, the author discusses potential contractual claims for damages arising from a loss of profits caused by a loss of reputation resulting from violations of core provisions of the chain leader’s supplier code of conduct pursuant to English law. As international supply chain disputes usually involve more than two parties, and international arbitration is the ideal means for the resolution of these disputes, the book compares the arbitration rules for consolidations and joinders of some of the most significant international arbitration institutions: SIAC, ICC, AIAC, ICDR, VIAC, CIETAC and HKIAC. The book is directed at legal practitioners, legislators of various jurisdictions, board members of corporations, ethics and compliance officers, academics, researchers and students. It is the author’s main goal that the book serves as an inspirational source for the establishment or the improvement of a corporate ethics and CSR system preventing window-dressing and greenwashing and covering the entire supply chain. Furthermore, it is intended that students develop a deeper understanding for the enforcement of corporate ethics and CSR policies.

Third-Party Funding in International Arbitration

Lisa Bench Nieuwveld,Victoria Shannon Sahani
Third Party Funding in International Arbitration Book PDF

Author : Lisa Bench Nieuwveld,Victoria Shannon Sahani
Publisher : Kluwer Law International B.V.
Page : 330 pages
File Size : 40,8 Mb
Release : 2016-04-24
Category : Law
ISBN : 9789041161123

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Third-Party Funding in International Arbitration by Lisa Bench Nieuwveld,Victoria Shannon Sahani Pdf

Since the first edition of this invaluable book in 2012, third-party funding has become more mainstream in international arbitration practice. However, since even the existence of a third-party funding agreement in a dispute is often kept secret, it can be difficult to glean the specifics of successful funding agreements. This welcome book, now updated, expertly reveals the nuances of third-party funding in international arbitration, examines the phenomenon in key jurisdictions, and provides a reliable resource for users and potential users that may wish to tap into and make use of this distinctive funding tool. Focusing on Australia, the United Kingdom, the United States, Germany, the Netherlands, Canada, and South Africa, the authors analyze and assess the legal regime based upon legislation, judicial opinions, ethics opinions, and practitioner anecdotes describing the state of third-party funding in each jurisdiction. In addition to updating summaries of the law of the various jurisdictions, the second edition includes a new chapter addressing third-party funding in investor-state arbitration. Among the issues raised and examined are the following: · payment of adverse costs; · “Before-the-Event” (BTE) and “After-the-Event” (ATE) insurance; · attorney financing: pro bono representation, contingency representation, conditional fee arrangements; · loans; · ethical doctrines affecting the third-party funding industry; · possible future bundling, securitization, and trading of legal claims; · risk that the funder may put its own interests ahead of the client’s interests; and · whether the existence of a funding agreement must or should be disclosed to the decision maker. The second edition also includes discussion of recent institutional developments as they relate to third-party funding, including the work of the ICCA-Queen Mary Task Force on Third-Party Funding and how third-party funding is being incorporated into arbitral rules and investment treaties. Ably providing a thorough understanding of what third-party funding entails and what legal parameters exist, this book will be of compelling interest to parties aiming to take advantage of the high values, speed, reduced evidentiary costs, outcome predictability, industry expertise, and high award enforceability characteristic of the third-party funding arrangements available in international arbitration.

AAA Handbook on Arbitration Practice

American Arbitration Association
AAA Handbook on Arbitration Practice Book PDF

Author : American Arbitration Association
Publisher : Juris Publishing, Inc.
Page : 428 pages
File Size : 50,9 Mb
Release : 2010-08-01
Category : Law
ISBN : 9781933833477

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AAA Handbook on Arbitration Practice by American Arbitration Association Pdf

The AAA Handbook on Arbitration Practice assembles from Dispute Resolution Journal - the flagship publication of the American Arbitration Association - and other sources the latest thinking on arbitration and dispute resolution. All chapters, where necessary, have been revised and updated by the authors to insure that they represent the most current developments in law and practice. The Handbook is a succinct, comprehensive and a practical introduction to the use of arbitration, written by leading practitioners and scholars, it provides essential orientation and is a "must" for anyone with an interest in the field - from the seasoned to the neophyte. The AAA Handbook on Arbitration Practice brings to the arbitration and dispute resolution professional the latest thinking on arbitration from world-renowned specialists in the field. The chapters in this work were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and dispute resolution practice. All the major facets of the field are addressed. The chapters provide the reader with comprehensive and accurate information, lucid evaluations, and useful practical guidance. They not only acquaint, but also ground the reader in the field.

The Art of Advocacy in International Arbitration

R. Doak Bishop,Edward G. Kehoe
The Art of Advocacy in International Arbitration Book PDF

Author : R. Doak Bishop,Edward G. Kehoe
Publisher : Juris Publishing, Inc.
Page : 668 pages
File Size : 51,6 Mb
Release : 2010-05-01
Category : Arbitration (International law)
ISBN : 9781933833613

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The Art of Advocacy in International Arbitration by R. Doak Bishop,Edward G. Kehoe Pdf

Written by today’s leading arbitrators and counsel, this remarkably candid guide provides insight into the practitioner’s approach, conduct, style, and techniques that have proven most effective. While the facts and the law are fundamental, a successful outcome is the product of painstaking document review, witness interviews, legal research, strategizing and focusing the case, and developing compelling written and oral presentations. How to properly perform these tasks is the subject of this book. And where the first edition focused mainly on the cultural differences in advocacy performed in various regions of the world, this new edition expands on this theme by addressing each functional aspect of an international arbitration and the techniques that have been developed for good written and oral advocacy. Intended to assist both the novice in learning the techniques of advocacy, and the experienced advocate in improving his skills, this is an essential reference.

International Trade & Business Law & Policy

Peter Gillies,Gabriel Moens
International Trade Business Law Policy Book PDF

Author : Peter Gillies,Gabriel Moens
Publisher : Routledge
Page : 878 pages
File Size : 45,9 Mb
Release : 1998-05-05
Category : Law
ISBN : 9781135316778

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International Trade & Business Law & Policy by Peter Gillies,Gabriel Moens Pdf

First published in 1998. Routledge is an imprint of Taylor & Francis, an informa company.

Ethical Standards for Arbitrators and Mediators

Julli Markgraf
Ethical Standards for Arbitrators and Mediators Book PDF

Author : Julli Markgraf
Publisher : GRIN Verlag
Page : 42 pages
File Size : 52,8 Mb
Release : 2004-03-02
Category : Law
ISBN : 9783638258210

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Ethical Standards for Arbitrators and Mediators by Julli Markgraf Pdf

Seminar paper from the year 2003 in the subject Law - Comparative Legal Systems, Comparative Law, grade: D - good, Bond University Australia (Law School), course: International Commercial Arbitration, language: English, abstract: While the discussion about vocational standards continues, numerous associations have drafted competence and ethical standards for either mediators or arbitrators as well as for both procedural methods. Ethical standards focus more on the procedural process and the duties and virtues of the leader of the procedure than on the occupational competence standardization, such as codes of practice, benchmarks, agreements, models and exemplars which are the “classical” forms of standards for practices.5 Codes of practice determine the vocational rules of a profession, which may contain penalty regulations for misconduct. Benchmarks are a set of options which orient on successful approaches which have been proved in a certain professional field. Agreements focus on the “Agreement to Mediate” which the parties voluntarily agree on when using ADR. Models are preconceived rules or assessing criteria, which can be adopted to centralize the standardization approach. Exemplars are the collection and evaluation of successful ADR cases, which can be optionally awarded.6 Predominantly, ethical standards appear as an appendix of codes of practice, wherein certain etiquettes, virtues and qualities of the procedural leader are determined. 5 NADRAC, A Framework for ADR Standards, p. 52-55. 6 NADRAC, A Framework for ADR Standards, p. 52-55.

Guerrilla Tactics in International Arbitration

Günther J. Horvath,Stephan Wilske
Guerrilla Tactics in International Arbitration Book PDF

Author : Günther J. Horvath,Stephan Wilske
Publisher : Unknown
Page : 429 pages
File Size : 54,8 Mb
Release : 2013
Category : Law
ISBN : 9041140026

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Guerrilla Tactics in International Arbitration by Günther J. Horvath,Stephan Wilske Pdf

To an extent that may surprise many, international arbitral proceedings are prone to serious interference from the obstructive or even criminal behaviour of interested and‘stakeholdersand’. Numerous anecdotes involving not only bribery and subornation but actual violent threats of retaliation have emerged since the editors of this book addressed an audience at the Vienna Arbitration Days 2010, at which time they used the popular term guerilla and– denoting such tactics as ambushes, sabotage, and intimidation and– to evoke their topic, and called for effective means to combat this undermining of the integrity and popularity of international arbitration. Their call bore fruit, and this collection of contributions by a wide spread of seasoned arbitration practitioners and– the driving forces in their field and– as well as leading academics with distinguished backgrounds and reputations bears powerful witness to the importance of the subject. Going beyond anecdote, these authors adopt an analytic view of guerrilla tactics in arbitration as a broad collective of unconventional means that undermine the mechanismand’s envisioned mode of operation. They offer eminently practical, and‘hands-onand’ discussions that give this topic foundation and elaborate on the issue in detail, from the perspectives of counsel, arbitrators, and arbitral institutions, to the specifics and intricacies of national and international litigation and the role of international institutions, to an intensive discussion on ethics in international arbitration, and and– most importantly and– the way forward. Among the specific topics are the following: dealing with state entities; sanctions available for arbitrators to curtail guerrilla tactics; influence of international institutions; and use of diplomatic channels. The book describes actual experiences from all major legal systems worldwide. Further practical guidance includes details of how to seek assistance from state courts, bar associations, the IMF, and the World Bank. As an invaluable source of knowledge and guidance, particularly as an instrument available to practitioners faced with arbitration guerrillas in jurisdictions all over the world, this book will rapidly become an indispensable handbook for use in difficult factual situations where time and means of recourse are limited.

The Oxford Handbook of International Arbitration

Thomas Schultz,Federico Ortino
The Oxford Handbook of International Arbitration Book PDF

Author : Thomas Schultz,Federico Ortino
Publisher : Oxford University Press
Page : 1008 pages
File Size : 45,5 Mb
Release : 2020-09-11
Category : Law
ISBN : 9780192515964

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The Oxford Handbook of International Arbitration by Thomas Schultz,Federico Ortino Pdf

This Handbook brings together many of the key scholars and leading practitioners in international arbitration, to present and examine cutting-edge knowledge in the field. Innovative in its breadth of coverage, chapter-topics range from the practicalities of how arbitration works, to big picture discussions of the actors involved and the values that underpin it. The book includes critical analysis of some of international arbitrations most controversial aspects, whilst providing a nuanced account overall that allows readers to draw their own informed conclusions. The book is divided into six parts, after an introduction discussing the formation of knowledge in the field. Part I provides an overview of the key legal notions needed to understand how international arbitration technically works, such as the relation between arbitration and law, the power of arbitral tribunals to make decisions, the appointment of arbitrators, and the role of public policy. Part II focuses on key actors in international arbitration, such as arbitrators, parties choosing arbitrators, and civil society. Part III examines the central values at stake in the field, including efficiency, legal certainty, and constitutional ideals. Part IV discusses intellectual paradigms structuring the thinking in and about international arbitration, such as the idea of autonomous transnational legal orders and conflicts of law. Part V presents the empirical evidence we currently have about the operations and effects of both commercial and investment arbitration. Finally, Part VI provides different disciplinary perspectives on international arbitration, including historical, sociological, literary, economic, and psychological accounts.