Abstract

A recent flurry of ethical rule-making activity, including promulgation in 2004 of the International Bar Association's Guidelines on Conflicts of Interest in International Arbitration, illustrates and reflect concerns about the scope of an international arbitrator's duty to investigate possible conflicts even if the arbitrator is unaware of such conflicts. In the United States, with a few exceptions, a general consensus of "no harm, no foul" has emerged whereby U.S. national courts will not vacate an arbitral award for the mere failure to investigate unless such failure ...