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Arbitration Ethics: Arbitrator Appointment, Arbitral Procedure, and the Award

Lucy F. Reed, Jonathan Sutcliffe, International Energy and Minerals Arbitration (2002)

A. Essential points of arbitration ethics

1.The available ethics rules

2.The concept of independent and impartial arbitrators, in particular the factors relevant to the disqualification of arbitrator candidates

3.Communications with party-appointed arbitrators

4.The arbitrators’ duty to provide a fundamentally fair hearing

5.Challenging the arbitration award for arbitrator misconduct

B. Mock scenes

1.First mock is a scene where a CEO, GC and outside counsel discuss the selection of their party-appointed arbitrator in an international oil and gas arbitration - to illustrate some of the standards of impartiality and independence for arbitrators, party-appointed ones in particular

2.Second mock is an interview of the prospective arbitrator by the outside counsel - to illustrate the permissible topics in an initial interview with a potential arbitrator