Published 30 October 2017
This paper revisits two of international arbitrations major fault lines - the absence of uniform enforcement of foreign arbitral awards and fledgling ethical framework. In the first part, this paper provides historical context for the ideals of international arbitration from the debates put forward by the ICC while pushing for the adoption of a new treaty on enforcement of "international arbitral awards". This article provides very concise but substantive reviews of the arguments that have devolved from the debates, primarily the debates around the viability of international arbitration's aspirations to the estate of law.
In the second part, this paper, sensationally, perhaps, argues that international arbitration has major ethical challenges such as structural conflicts of interest. And that the mechanisms in place are merely ad-hoc and do not go far enough in filling the gulf. Therefore, this paper articulates measures to help bridge the divide while providing very much needed normativity.