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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
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

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

The Liber Amicorum
can be ordered by clicking HERE

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