Ethical Arbitration: An Oxymoron? (A Look into the World of International Arbitration through the Ethical Lens)

Arbitration has been gaining exponential popularity for years now, with many litigants opting for it in lieu of court proceedings. However, this popularity has also raised multiple questions and concerns. One of the leading questions asked about arbitration is whethr it is truly ethical. This article examines the general issues within an arbitration, including those related to appointment of an arbitrator by the parties and impartiality, which is where the abovementioned question of ethics arises, and the aftermath of such appointments. The article employs a qualitative research methodology, drawing on the opinion of multiple academic authors as well as established statutes, rules and case law to assess the benefits and drawbacks of arbitration as a dispute resolution tool.Party autonomy contributes heavily to this discussion, as this is the starting point where the possibility of unethical practices begins. Parties to an arbitration have the autonomy to choose their own arbitrators, and each will, of course, always choose someone likely to decide the case in their favour. There have been instances where such appointments have raised serious concerns about impartiality and fairness in an arbitration, all of which will be scrutinized in this paper.