The integrity of the arbitration process is essential to preserve arbitration’s ability to offer parties a fair forum for resolution of their disputes and to maintain trust in the process. To establish clarity and uniformity with respect to ethical obligations and assure such integrity, many arbitral institutions and bar associations have developed ethics codes, rules and guidelines. These soft law tools provide, along with applicable national law, the guidance required to foster ethical conduct and adherence to a common set of ethical obligations for the participants in an arbitration.
It is not possible to review all of the many codes, rules and guidelines that have been developed to address ethical considerations in arbitration. The four documents reproduced and discussed in this chapter are the most prominent:
• American Bar Association and American Arbitration Association Code of Ethics for Arbitrators • International Bar Association Rules of Ethics for International Arbitrators • International Bar Association Guidelines on Conflicts of Interest in International Arbitration • International Bar Association Guidelines on Party Representation in International Arbitration.