Rules Of Ethics For Arbitrators: Which Apply?

An undisclosed relationship, a private communication with one party or a failure to devote sufficient attention to proceedings may raise concerns about an arbitrator’s conduct. Assessing those concerns requires identifying the applicable obligations and the standard against which the conduct should be measured. In international arbitration, those standards are drawn from several sources rather than a single ethical code.

The Law of the Seat Is Generally the Starting Point

In international arbitration, the starting point is generally the law of the seat, which may impose mandatory obligations upon arbitrators.

For example, Section 33 of the English Arbitration Act requires the tribunal to act fairly and impartially, give each party a reasonable opportunity to present its case and answer its opponent, and adopt procedures avoiding unnecessary delay or expense.¹ Section 23A, introduced by the Arbitration Act 2025, also imposes a mandatory disclosure obligation on prospective and