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DAVID HACKING AND SOPHIA BERRY WRITE ON ‘ETHICS IN ARBITRATION: PARTY & ARBITRAL MISCONDUCT’

The Head of Littleton’s Arbitration Group, David Hacking and Group member, Sophia Berry have contributed a chapter entitled ‘Ethics in Arbitration: Party & Arbitral Misconduct’ to the Chartered Institute of Arbitrators’ ‘Liber Amicorum: Defining Issues in International Arbitration’.

David and Sophia’s chapter considers the guerrilla tactics that are employed by parties to disrupt arbitrations and how they can be combatted by arbitral tribunals using their inherent powers or drawing on the IBA Guidelines on Party Representation. The limited powers available to a tribunal conducting an arbitration governed by the 2014 LCIA Rules to punish misconduct are also discussed. David and Sophia conclude that both the IBA Guidelines and the LCIA Rules might deflect arbitral tribunals’ attention away from the broad inherent powers that they can already utilise to protect the integrity of the proceedings.

‘Ethics in Arbitration: Party & Arbitral Misconduct’ also suggests ways in which arbitrator misconduct could be better investigated and sanctioned. In many states, arbitrators enjoy an absolute or qualified immunity and few of the arbitration institutions lay down codes of conduct for arbitrators. The CiArb is the exception to that rule.

The Liber Amicorum has been reviewed by Professor Derek Roebuck from the Institute of Advanced Legal Studies, as "no ordinary liber amicorum. A constellation of the brightest stars in the firmament of international commercial arbitration has shone new light on a comprehensive selection of contemporary problems".

Littleton offers a full arbitration service. Each arbitrator at Littleton is an independent professional, with world-wide experience of major international and domestic arbitrations, whether acting as tribunal chairman, member or sole arbitrator. Members are also available to conduct and act as counsel in arbitrations both domestically and internationally.

The Liber Amicorum can be ordered by clicking HERE

Posted: 14.12.2015 at 12:51
Tags:  News  Arbitration
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