Ethics and International Arbitration: Is it Time for an International Code of Ethics?

WAW’S panel on ethics and international arbitration will center its discussion on whether it is necessary to regulate the ethical conduct of arbitrators, counsel, and experts in international arbitration to enhance the legitimacy of the arbitral process. The panelists will consider the following issues:

Is the formation of an international regulatory body and a set of rules regulating ethical conduct of arbitrators and counsel in international arbitration necessary? Would a soft-law approach be more appropriate?

What ethical rules are currently applicable for arbitrators, counsel and experts in international arbitration, and what body should implement them? Are they also bound by these or similar rules in their home bar?

What are the appropriate standards for challenging counsel and experts? What does international jurisprudence offer in this topic? (e.g., Chevron v. Ecuador).

The limited regulation on the subject on existing rules and guidelines, together with their loopholes (ICC Rules (Article 14.3) and 2013 IBA Guidelines on Party Representation in International Arbitration (Guidelines 5 and 6)