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Part IV Arbitral Procedure and Procedural Misdemeanour, 13 Ethics in Arbitration: Party and Arbitral Misconduct

Lord Hacking, Sophia Berry

From: Defining Issues in International Arbitration: Celebrating 100 Years of the Chartered Institute of Arbitrators

Edited By: Julio César Betancourt

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 13 July 2024

Jurisdiction — Arbitrators — Claims — International courts and tribunals, procedure

The problem of party misconduct in international arbitration is on the rise, as evidenced by the level of attention this issue has attracted from practitioners and institutions, as well as scholars, at recent conferences, and in articles, books, and blog posts. This chapter first explores the forms of party misconduct and the steps arbitral institutions and practitioners need to take in order to curb misconduct. Party misconduct can include: attempts to stop hearings progressing; abuse of the document disclosure process; discourteous behaviour; acts to surprise the opposition; applications for anti-arbitration injunctions and other approaches to national courts; issues of ex parte communications; and witness tampering. The remainder of the chapter considers the means by which arbitrator misconduct should be tackled.

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