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Originally from:
AAA/ICDR Handbook on International Arbitration Practice
Preview PageCHAPTER 22
COMPARING ARBITRATOR STANDARDS OF
CONDUCT IN INTERNATIONAL COMMERCIAL,
TRADE AND INVESTMENT DISPUTES
Omar E. García-Bolívar∗
I. Introduction
Parties to international disputes use arbitration because they see it as
an alternative to an unreliable judicial system, or because they think it is
faster than litigation or affords privacy, or for a combination of these
reasons. The role of arbitrators in resolving disputes is quasi-judicial.
Accordingly, arbitrators should be subject to stringent standards of
conduct to guarantee their integrity and impartiality, and the transparency
of the arbitral proceedings. It is due to these standards that arbitrators are
required to disclose actual and potential conflicts of interest that could
indicate that their decision might not be made impartially and
independently of the influence of any party. This chapter discusses the
qualifications and conflict-of-interest disclosure standards for arbitrators
in three broad categories of international arbitration:
(1) international commercial arbitration between private parties
or a private party and a quasi-governmental entity;
(2) international investment arbitration between a foreign
investor and the sovereign State where the investment is
made or between the State parties to the treaty; and
TABLE OF CONTENTS
Introduction
By Alan Redfern
PART I: Issues in International Arbitration Practice and Procedure
Chapter 1.
Confidentiality in Arbitration: A Valid Assumption? A Proposed Solution!
By Claude R. Thomas and Annie M. K. Finn
Chapter 2
10 Tips for Beginning Practitioners from an ICDR Case Manager
By Carmen Casado
Chapter 3.
Paying Attention to "Culture" in International Commercial Arbitration
By William K. Slate II
Chapter 4.
A Fair and Efficient International Arbitration Process
By John Fellas
Chapter 5
Civil and Common Law: Contrast and Synthesis in International Arbitration
By Urs Martin Laeuchli
PART II: International Arbitration Forum Selection
Chapter 6.
International Arbitral Jurisdiction: When Taking Control Goes Out of Control
By Philip D. O'Neill Jr.
Chapter 7.
Selecting an Arbitral Institution to Administer International Arbitration: Are National or Regional Centers a Viable Option?
By John B. Tieder, Jr.
Chapter 8
Saving Time and Money in Cross-Border Commercial Disputes
By Walter G. Gans
Chapter 9
Reconsidering a Court of International Arbitration
By Conrad K. Harper
PART III: International Arbitration Procedure
Chapter 10.
Interim and Emergency Relief in Arbitration Proceedings
By Ira M. Schwartz
Chapter 11.
Starting an International Commercial Arbitration: Using a Preliminary Hearing Letter
By Carol Chave
Chapter 12.
The Chess Clock: A Time-Management Technique for Complex Cases
By Mark E. Appel
Chapter 13.
Managing an International Arbitration: A Practice Perspective
By Claude R. Thomson and Annie M. K. Finn
Chapter 14
Navigating Muddy Waters: Anti-Foreign Suit Injunctions in Aid of Compelling Arbitration
By Chris Karagheuzoff and Eric Epstein
Chapter 15
Arbitrator Discretion: Should it be Restricted by Party Stipulation of Governing Procedural Rules?
By James J. Sentner, Jr.
PART IV: Discovery and Evidence in International Arbitration
Chapter 16.
Managing Discovery in International Arbitration
By Bernardo M. Cremades
Chapter 17.
Presenting, Taking and Evaluating Evidence in International Arbitration
By Karl-Heinz Böckstiegel
Chapter 18.
Electronic Discovery in International Arbitration (Revisited)
By Jonathan L. Frank and Julie Bédard
Chapter 19.
Written Witness Statements: A Practical Bridge of the Cultural Divide
By John A. Wolf and Kelly M. Preteroti
Chapter 20.
Cross-Examination in International Arbitration
By Mark A. Cymrot
Chapter 21
The ICDR Guidelines for Information Exchanges in International Arbitration: An Important Addition to the Arbitral Toolkit
By John Beechey
PART V: Ethics in International Arbitration Practice
Chapter 22
Comparing Arbitrator Standards of Conduct in International Commercial, Trade and Investment Disputes
By Omar E. García-Bolívar
Chapter 23
Negotiating in Good Faith
By David I. Bristow and R. Brendan Bissell
Chapter 24
Dealing with Arbitrator "Issue Conflicts" in International Arbitration
By Judith Levine
Chapter 25
Arbitrator's Disclosure Standards: The Uncertainty Continues
By Claudia T. Salomon, Juan M. Alcalá and Camilo Cardozo
PART VI: Damages, Review and Enforcement of International Arbitration Awards
Chapter 26
Costs in International Commercial Arbitration
By Murray L. Smith
Chapter 27
Interpreting the New York Convention: A U.S. Perspective
By Tong Wang
Chapter 28
Sovereign Immunity and the Enforcement of Arbitral Awards Against State Entities: Recent Trends in Practice
By A.F.M. Maniruzzaman
Chapter 29
In International Arbitration, Disclosure Rules at the Place of Enforcement Matter Too
By Peter L. Michaelson
Chapter 30
Enforcing Foreign Arbitration Awards
By Elisabeth M. Senger-Weiss