Equality of Arms in Arbitration: Cost and Benefits
Document Type
Book Chapter
Publication Date
2015
ISBN
9782275047034
Publisher
LGDJ
Language
en-US
Abstract
Depending on context and content, a regulatory framework can either help or hinder efforts to enhance aggregate social and economic welfare. Lively debate has arisen with respect to the net effects of two recent sets of directives for lawyer comportment in cross-border arbitration, the first being Guidelines adopted by the International Bar Association, the second contained in new arbitration rules promulgated by the London Court of International Arbitration. Each instrument aims to promote a more level playing field on matters where legal cultures differ, such as document production and counsel independence. Each has caused thoughtful commentators to question the need of such standards, some suggesting unintended consequences including increased opportunities to sabotage proceedings. For now, suspense surrounds the prospect that either set of provisions will find favor in the international community. Only time will tell.
Recommended Citation
William W. Park,
Equality of Arms in Arbitration: Cost and Benefits
,
in
Mélanges en l'honneur du Professeur Pierre Mayer
643
(2015).
Available at:
https://scholarship.law.bu.edu/faculty_scholarship/10
Pre-publication draft
Please note the file available on SSRN may not be the final published version of this work.
