Image

Publications

ArbitralWomen members regularly publish articles in highly-regarded legal and ADR journals

Conflicting Perceptions of Ethics in International Arbitration

  • Publication Name: Arbitration
  • Publication Name Index: Arbitration

The Chartered Institute of Arbitrators’ Code of Professional and Ethical Conduct for Members which refers to the Oxford English Dictionary definition of “ethics”, states that a code of ethics provides a set of moral principles according to which one should conduct one’s affairs. Such an understanding conforms with the international arbitration community’s embracing of self-regulation. While a uniform code of ethics in international arbitration does not officially exist, practitioners, arbitrators, and institutions have instead implemented a series of mechanisms for self-regulation by the profession. However, in analysing ethical obligations, leading international arbitration sources fail to recognise the diverse nature of the profession as necessarily inclusive of traders, other non-lawyers, and commercially, geographically, and ethnically diverse perspectives. This article will consider existing mechanisms for self-regulation, the importance of including diverse perspectives, and some suggestions for creating ethical standards which consider these and, in so doing, promote inclusivity.