Decisions and Challenges After the Arbitral Proceedings - Attorney and Client Strategy Session - Act III, Scene I - WAMR 2009 Vol. 3, No. 3
Catherine A. Rogers, international arbitration and
professional ethics scholar, was welcomed as a professor of
law by Penn State Dickinson in July 2008. Professor Rogers
holds a joint appointment as a professor of law at Università
Commerciale Luigi Bocconi in Milan, Italy, and is the former
Richard C. Cadwallader Professor of Law at the Louisiana
State University Law Center. Professor Rogers’ scholarship
focuses on the convergence of the public and private in
international dispute resolution, specifically as manifest in the professional
obligations of the various participants in those processes. Her scholarship is
due to be published by Oxford University Press and Juris Publishing, and has
been published by the international law journals of Stanford, Michigan, and
Berkeley, as well as by several other national and foreign law reviews. She has
been an invited speaker at dozens of national and international conferences,
symposiums, and forums, including two Stanford-Yale Junior Faculty forums.
Professor Rogers is an associate reporter for the American Law Institute’s
Restatement of the Law of International Commercial Arbitration and the
recipient of the CPR Professional Article Award. She is a member of the
American Society of International Law Task Force on Global Legal Ethics, the
Academic Council of the Institute for Transnational Arbitration, and the
International Bar Association Task Force on Attorney Ethics in International
Arbitration. Before entering academia, Professor Rogers practiced
international litigation and arbitration in New York, Hong Kong, and San
Francisco. At Penn State Dickinson, Professor Rogers teaches International
Arbitration and Professional Responsibility.
Originally from World Arbitration And Mediation Review (WAMR)
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20th Annual ITA Workshop
Confronting Ethical Issues in International Arbitration
June 18, 2009
ACT III
ACT III – DECISIONS AND CHALLENGES AFTER
THE ARBITRAL PROCEEDINGS
INTRODUCTION TO ACT III
Prof. Catherine A. Rogers, Workshop Co-Chair
While the actors are taking their place, I will go ahead and
introduce Act III. I do have some good news to start. You have all
been a very attentive audience, having been thrown a number of
very complicated factual scenarios and a number of interlocking,
overlapping rules. The good news about Act III is that you will
have very few new facts introduced and, in fact, none of the rules
are new. They are all rules that you have heard of before. And the
reason for that is that Act III is meant to wrap up some of the
issues and, in fact, was drafted to provide you with some of the
larger implications of the issues that we have been dealing with.
So Act III was drafted to illustrate the trends, the structures, in
particular enforcement structures, and strategies in which these
rules and facts that we have been discussing arise.
So with regard to trends, I will just give you a quick law
professor’s overview. We are seeing an increase in the number of
challenges to arbitrators. And we will query in a discussion today
or later what the reasons for that are. We are seeing many more
clashes that are becoming more visible, particularly as new
parties and counsel from different regions of the world are
becoming more active. Even places where we think there is actual
agreement, we’re finding new conflicts. And there are also
increased activities by bar associations, and that is something
that, in particular, will be looked at in this Act. Some, like the
Swiss Bar that we have already looked at, are creating exceptions
for international arbitration. Others, like the United States, in
extending 8.5, are actually reaching out. It looks like they will be
able to reach some activities that are happening in international
arbitrations.