Originally from World Arbitration And Mediation Review (WAMR)

Preview Page

20th Annual ITA Workshop

Confronting Ethical Issues in International Arbitration
June 18, 2009

ACT I
ACT I – ETHICAL ISSUES IN SELECTING
THE ARBITRAL TRIBUNAL

INTRODUCTION TO THE WORKSHOP AND ACT I
Kenneth B. Reisenfeld, Workshop Co-Chair

KEN REISENFELD: Good morning, everyone. Hold on to your
seats. The ICC Arbitration case of Seller v. FlyBuy Airlines is
about to take off. On behalf of my Co-Chairs James Castello and
Professor Catherine Rogers, we welcome you aboard. During the
course of the day, we will present a bird’s eye view of previously
uncharted ethical challenges that parties may face in an
international arbitration. Act I will provide an in-depth review of
potential ethical restrictions affecting selection of an arbitral
tribunal, including constraints on arbitrator interviews, arbitrator
investigations, disclosures of conflicts of interest, objections to
confirmation of arbitrators, and post-confirmation challenges. In
Act II, the Workshop will explore cultural and ethical conflicts
that arise during presentation of a case to the Tribunal. Act III
will present two post-hearing scenarios, including a rarely seen
disciplinary hearing before a State Bar Association that will
review allegations of attorney misconduct. Our Workshop tour
will conclude with a New York Convention enforcement
proceeding before a U.S. District Court. The court will review
whether allegations of attorney misconduct, illegal influence
peddling or inappropriate evidentiary rulings by the Tribunal
condemn the parties to start all over again.
Throughout the day, some of the world’s most preeminent
arbitrators, arbitration counsel and in-house counsel will play act
roles that have been prescribed for them. But after each dramatic
rendition, our speakers will step out of their acting roles and
provide us with their expert insights on the issues raised in the
scene. You can find all of our speakers’ bios in the materials that
were distributed this morning.