[Solved]Dissertation Skeleton

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[Solved]Dissertation Skeleton

Introduction:  I am proposing to write on International Arbitration. Its history, its definition, the use of international arbitration as a mean of alternative dispute resolution (ADR), its advantages and disadvantages as opposed to litigation and other means of ADR.

Chapter 1: Ethics in International Arbitration ( I`ll be focusing mainly on ethics of Arbitrators which is clearly more defined in (The AAA-ABA Code of Ethics for Arbitrators in Commercial Disputes and IBA Rules of Ethics for International Arbitrators 1987 ) than ethics of counsel in arbitral proceedings).

Chapter 2: The very fact that the counsels come from different jurisdictions, they bring with them their own code of ethics, they made be subject to conflicting rules of conduct, thereby this may give rise to uneven playing field in arbitral proceedings. A counsel may use the (Guerilla Tactics) to gain unfair advantage over the opposing counsel. For example; in the U.S a counsel may coach his witness whereas in the U.K it is prohibited to do so.

Ethics of counsel have been plague with many difficulties. To remedy to this situation, the international forum has in a desperate attempt adopted the IBA guidelines on Party’s Representation and the LCIA rules (Annex to the 2014 Arbitration Rules of the London Court of International Arbitration). This chapter will comprise of the thorough analysis of the IBA guidelines and the LCIA rules.

Previously, the academic scholar like Doak Bishop has proposed codes to regulate the conduct of counsel. The International Bar Association (IBA) has set up a task force in 2008 which has given birth to the IBA guidelines. Unfortunately, the IBA guidelines are not binding as they give directives to counsel whereas LCIA is binding and those two rules appear to be only directives (they are not a universally accepted code of conduct).

Chapter 3: Suggested reform for a standardized code of conduct – what might this look like? How would it resolve the problems in Chapter 2?

Chapter 4: Conclusion! I will explore the idea of having a standardized code of conduct for lawyers in international arbitration. What legal mechanism could ensure its enforceability? Any sanctions that might be taken against counsel who would breach it. Finally I will propose any alternative to a standardized code of conduct for lawyers.

P.S : Regarding the proposal as it currently stands, which is that you must clearly locate the dissertation firmly within the sphere of ‘International Business’.  This should not be difficult given the subject matter, however you should make explicit reference to this dimension of your research in both the introduction and concluding sections, and where possible, throughout the entire work.