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
- 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.