Document Type
Article
Disciplines
International Law
Abstract
If international arbitration suffers from unethical conduct by party counsel to such a degree that action is calledfor, arbitral institutions can, and arguably, should heed the call. The author proposes a rubric for institutions to consider when developing a system to mitigate unethical conduct by party counsel. The rubric seeks to efficiently allocate the means ofsanctioning party counsel and the responsibility to do so between arbitrators and arbitral institutions. Diferent wrongs require different remedies (misdemeanors v. felonies approach). Institutions can make available a range of remedies for unethical conduct that no other stakeholder in the arbitral process can. Moreover, institutions can prevent party counsel from exploiting the autonomous nature of international arbitration to routinely engage in unethical conduct (micro v. macro approach).
Recommended Citation
Pinkston, Jarred, "The Case for Arbitral Institutions to Play in Mitigating Unethical Conduct by Party Counsel in International Arbitration" (2017). Connecticut Journal of International Law. 578.
https://digitalcommons.lib.uconn.edu/cjil/578
Accessibility Requirements
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