Ethics In International Arbitration
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Ethics In International Arbitration
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Author : Catherine A. Rogers
language : en
Publisher:
Release Date : 2014
Ethics In International Arbitration written by Catherine A. Rogers and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Arbitrators categories.
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--
Ethics In International Arbitration
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Author : Catherine Rogers
language : en
Publisher: OUP Oxford
Release Date : 2014-04
Ethics In International Arbitration written by Catherine Rogers and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-04 with Law categories.
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.
Ethics In International Arbitration
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Author : Catherine A. Rogers
language : en
Publisher: Oxford University Press, USA
Release Date : 2014
Ethics In International Arbitration written by Catherine A. Rogers and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Law categories.
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.
Professional Ethics At The International Bar
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Author : Arman Sarvarian
language : en
Publisher: OUP Oxford
Release Date : 2013-09-26
Professional Ethics At The International Bar written by Arman Sarvarian and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-09-26 with Law categories.
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.
Key Duties Of International Investment Arbitrators
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Author : Katia Fach Gómez
language : en
Publisher: Springer
Release Date : 2018-10-31
Key Duties Of International Investment Arbitrators written by Katia Fach Gómez and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10-31 with Law categories.
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.
Legal And Ethical Aspects Of International Business
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Author : Scott J. Shackelford
language : en
Publisher: Aspen Publishing
Release Date : 2021-01-31
Legal And Ethical Aspects Of International Business written by Scott J. Shackelford and has been published by Aspen Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-31 with Law categories.
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.
Ethical Standards For Arbitrators And Mediators
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Author : Julli Markgraf
language : en
Publisher: GRIN Verlag
Release Date : 2004-03-02
Ethical Standards For Arbitrators And Mediators written by Julli Markgraf and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-03-02 with Law categories.
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.
The Principles And Practice Of International Commercial Arbitration
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Author : Margaret L. Moses
language : en
Publisher: Cambridge University Press
Release Date : 2008-03-17
The Principles And Practice Of International Commercial Arbitration written by Margaret L. Moses and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-03-17 with Law categories.
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.
Csr And Codes Of Business Ethics In The Usa Austria Eu And China And Their Enforcement In International Supply Chain Arbitrations
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Author : Adolf Peter
language : en
Publisher: Springer Nature
Release Date : 2021-03-27
Csr And Codes Of Business Ethics In The Usa Austria Eu And China And Their Enforcement In International Supply Chain Arbitrations written by Adolf Peter and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-27 with Business & Economics categories.
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.
Arbitration Advocacy In Changing Times
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Author : A. J. van den Berg
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2011-01-01
Arbitration Advocacy In Changing Times written by A. J. van den Berg and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-01 with Law categories.
Advocacy in international arbitration is the focus of this collection of articles emanating from the twentieth Congress of the International Council for Commercial Arbitration (ICCA) held in Rio de Janeiro in 2010. The topics addressed by renowned arbitration practitioners and scholars include: effective advocacy in arbitration; the advocate's role at different stages of arbitration proceedings; the role of experts; arbitration advocacy and Constitutional law; and advocacy and ethics in international arbitration. The volume also contains a new approach to expert evidence - the Protocol on Expert Teaming - and closes with a proposal for an International Code of Ethics for Lawyers Practicing Before International Arbitral Tribunals.