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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 andless 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 thecurrent 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 thirdpart proposes integrated mechanisms for enforcing ethical rules.
Catherine Rogers is the Richard C. Cadwallader Associate Professor of Law at the Louisiana State University School of Law. Focusing on international arbitration, Professor Rogers' scholarship explores the development of international norms from conflicting domestic rules and the public/private divide in international dispute resolution systems. She has lectured and published extensively on lawyers' and arbitrators' ethics in international arbitration, and her scholarship has been recognized through several awards, including the Stanford-Yale Junior Faculty Forum (2001 and 2004) and the CPR Professional Article Award (2002).
Table of Contents
Table of Contents Part I: Mapping the Regulatory Terrain Introduction Chapter 1: From an Invisible College to an Ethical No-Man's Land Chapter 2: Arbitrators, Barbers & Taxidermists Chapter 3: Attorneys, Barbarians & Guerrillas Chapter 4: Experts, Partisans & Hired Guns Chapter 5: Gamblers, Loan Sharks & Third-Party Funders
Part II: Staking Out the Theoretical Concepts Chapter 6: Defining the "Self" in Self-Regulation Chapter 7: Ariadne's Thread and the Functional Theory Chapter 8: Herodian Myths and the Impartiality of Arbitrators Chapter 9: Trial by Battle and the Limits of Consent
Part III: Building the Regime Chapter 10: The Leading Role of Arbitral Tribunals and Institutions Chapter 11: National Courts & Bar Authorities as Facilitators and Ultimate Bulwark Chapter 12: Catching Lightening in a Bottle & the Future of Professional Regulation in International Arbitration