Ethical Dimensions of Arbitrator Resignations: General Duties, Specific Quandaries, and Sanctions for Suspect Withdrawals

Abstract

Abstract This article deals with the ethical implications of arbitrator resignations. When an arbitrator resigns it can severely disrupt proceedings. Arbitrators have a positive duty to complete the mandate for which they have been appointed, and a corollary duty not to resign without justification. This article considers steps that can be taken at the outset of proceedings to minimise the likelihood of resignation. It then discusses ethical dilemmas associated with five common circumstances that can arise during the course of arbitral proceedings which might justify resignation. The article then recalls rare but disturbing instances when a resignation itself may be ethically dubious and sets out measures available to discourage such conduct. Ethical issues connected with resignation have traditionally been given less prominence than discussion of conflicts and challenges, but should not be overlooked in any new endeavors aimed at developing a code of conduct for international arbitration.