“Everything is in flux.” Heracleitus† “Righteousness endures forever.” Psalm 111†† The somewhat excessive words attributed to Heracleitus find some application in the current search for ethical standards applicable to arbitrators sitting in international disputes. New patterns of misbehavior create new types of ethical challenges. Few criteria for evaluating arbitrator independence and impartiality will likely stay foolproof for long, given how ingenious fools often prove themselves to be. Heracleitus notwithstanding, however, change does not occupy the entirety...
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