Ethical Rules for International Arbitrators

Table of Contents

Ramon Mullerat OBE ¹

FIRST.   OPENING REMARKS

 

SECOND.   INTRODUCTION

THIRD.   LEGAL, AND REGULATORY OBLIGATIONS

1. Obligations under law
2. Obligations under the regulations

FOURTH.   ETHICAL OBLIGATIONS

1. In general
2. Ethical standards for all neutrals
3. Independence and impartiality
   1. Independence
   2. Impartiality
   3. Appearance of impartiality or bias
   4. Relationship between.independence and impartiality
   5. Incompatibility
   6. Independence and impartiality in the laws, regulations and codes
      1. The laws
      2. The institutions' regulations
      3. The codes of ethics
   7. Independence and impartiality of the party-appointed arbitrator
   8. The disclosure
      1. Duty of disclosure
      2. Nature of disclosure
      3. Content of disclosure
      4. Control of disclosure
      5. The obligation to disclose in the laws and ethical rules
         1. The laws
         2. The rules of arbitration
         3. The ethical rules
   9. Reinforcing arbitrators' disclosure standards
   10. Developing international standards
4. Competence and qualification
5. Confidentiality
   1. Importance of confidentiality
   2. Matters covered
   3. Persons obliged by confidentiality
   4. Exceptions to confidentiality
   5. Rules
   6. Confidential evidence
6. Dedication
7. Diligence
8. Integrity and fairness of the proceedings
9. Duty to act professionally
10. Communications
11. Advertising and solicitation by arbitrators
12. Settlement

FIFTH. THE LAWYER AS AN ARBITRATOR

1. In general
2. Independence and impartiality
3. Lawyers representing parties in arbitration
4. Lawyers' obligation to advise parties

SIXTH. CONSEQUENCES OF BREACHING ETHICAL RULES

Ramon Mullerat OBE is a lawyer in Barcelona and Madrid, Spain; Avocat à la Cour de Paris, France; Honorary Member of the Bar of England and Wales; Honorary Member of the Law Society of England and Wales; Professor at the Faculty of Law of the Barcelona University; Adjunct Professor of the John Marshall Law School, Chicago; Former President of the Council of the Bars and Law Societies of the European Union (CCBE); Member of the American Law Institute (ALI); Member of the American Bar Foundation (ABF); Chairman of Commission 2020 of the International Bar Association (IBA); Co-Chairman of the Human Rights Institute (HRI) of the IBA; Member of the Board of the London Court of Internationa! Arbitration (LCIA); Chairman of the Editorial Board of the European Lawyer. back