Ethics in International Arbitration

Zusatztext Reconciling highly territorial and often varied rules of professional responsibility with the increasingly borderless responsibilities of lawyers is one of the great challenges facing today's legal profession. The challenge is most acute in the context of international arbitration, where lawyers from different nations represent parties from different nations before arbitrators from different nations, often in a nation different from all of these. Catherine Rogers' book addresses head-on the numerous practical questions that arise in this complex context, while offering a brilliant and sensible prescription for the future regulation of professional responsibilities across borders. Ethics in International Arbitration is a seminal contribution to the literature on transnational law practice by one of the leading scholars of our time. Informationen zum Autor Catherine A. Rogers, is Professor of Law and International Affairs, and Paul & Marjorie Price Faculty Scholar at Penn State Law. She is also Professor of Ethics, Regulation & the Rule of Law, and Co-Director of the Institute for Ethics, Regulation & Commercial Law, at Queen Mary, University of London. She is a Reporter for the American Law Institute on the Restatement (Third) of the U.S. Law of International Commercial Arbitration, and the author of a series of widely-cited articles about the need for clearer ethical regulation in international arbitration. These works have been published over the past decade and have played an influential role in various law reform efforts. Today, Professor Rogers teaches and lectures throughout the world on issues of international arbitration, ethics, and globalization of the legal profession. Professor Rogers is also actively engaged in various projects to implement in practice many of the ideas and proposals developed in her scholarly work. Klappentext This book provides a framework for developing formal ethical rules and a reliable enforcement regime in the increasingly important international arbitration system. Zusammenfassung International arbitration is a remarkably resilient institution, but many unresolved and largely unacknowledged ethical quandaries lurk below the surface. Globalisation 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 systemarbitrators, lawyers, experts, third-party funders and arbitral institutionsremains 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. Inhaltsverzeichnis Introduction 1: From an Invisible College to an Ethical No-Man's Land 2: Arbitrators, Barbers and Taxidermists 3: Attorneys, Barbarians and Guerrillas 4: Experts, Partisans and Hired-Guns 5: Gamblers, Loan Sharks and Third-Party Funders 6: Chanticleer, the Fox and Self-Regulation 7: Ariadne's Thread and the Functional Thesis 8: Heriodian Myths and the Impartiality of Arbitrators 9: Duck-Rabbits, a Panel of Monkeys and the Status of International Arbitrators 10: Castles in the Air and the Fu...

Zusammenfassung

International arbitration is a remarkably resilient institution, but many unresolved and largely unacknowledged ethical quandaries lurk below the surface. Globalisation 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 systemarbitrators, lawyers, experts, third-party funders and arbitral institutionsremains 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.

Produktdetails

• Autoren: Catherine Rogers, Catherine A Rogers, Catherine A. Rogers
• Verlag: Oxford University Press
• Sprache: Englisch
• Produktform: Taschenbuch
• Erschienen: 25.09.2014
• EAN: 9780198713203
• ISBN: 978-0-19-871320-3
• Seiten: 416
• Abmessung: 170 mm x 250 mm x 23 mm
• Thema: Sozialwissenschaften, Recht,Wirtschaft > Recht > Internationales Recht, Ausländisches Recht