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Part I Mapping the Terrain, 2 Arbitrators, Barbers, and Taxidermists

From: Ethics in International Arbitration

Catherine A. Rogers

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 23 October 2020

This chapter discusses the debates on arbitrator regulation — more specifically, the ways in which international arbitration is over-regulated, under-regulated, less regulated than others, or not regulated at all. The issue in itself is a complex one, uniquely interwoven into the procedures and market conditions under which arbitrators are selected and appointed, therefore categorizing these procedures into an easy binary of over-regulated and under-regulated cannot suffice. In a way, the processes are both over- and under-regulated. The highly strategic nature of the selection process, combined with imperfections in the market for arbitrator services present added complications for effectively regulating the professional conduct of arbitrators. Despite these challenges, the current forms of arbitrator regulation are at least generally more effective than might be supposed in the absence of traditional forms of professional regulation.

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