ArbitralWomen members regularly publish articles in highly-regarded legal and ADR journals.
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Conflicting Perceptions of Ethics in International 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.