Penalties For Lawyers' Misconduct In Arbitration Cases

As the number of arbitration has grown,the size of the amount at issue becomes bigger and bigger,and there has been an influx of both counsel and arbitrators new to the practice.The problem which is caused by such circumstances is that there is no shared understanding of appropriate conduct and on in-group induced constraint on behavior.In addition,the big size of interest and the characteristic of arbitration drive the counsel to use “guerrilla tactics” to achieve their own purpose in arbitral proceedings,which severely disrupt the integrity of arbitration and the justice of the award.So,the consequence of counsel misconduct in arbitration,namely sanctions against counsel,is the topic of this paper.The author concludes that a modern interpretation of the arbitral tribunal's implied competences to preserve the integrity of arbitral proceedings covers the power to sanction counsel.The first part: summarizes the academic development of sanctions against misbehaving of counsel in arbitration.The main issues involved are the status quo and causes of this question and whether the arbitral tribunal has the right to punish.The second part: analyze the practice of punishment system for misbehaving of counsel in international arbitration.The third part: collect views and tendency of arbitral practitioners to this issue through the form of questionnaires,and provide suggestions to improve the Chinese arbitration system through the theoretical analysis.The forth part: conclusions and prospects.Re-emphasizing the effect of misbehaving of counsel in arbitration,and anticipate that our arbitration institutions can improve their rules.