The Dark Side of Arbitration revisits the themes of Ugo Draetta's series of books on international arbitration. More than the mere sum of the previous work, the current book updates, integrates and sets their central theme in relief, namely, arbitrator misconduct and the enduring problem honest arbitrators face when misconduct of a member on the arbitration team is known or suspected. The book asks, What recourse do honest arbitrators have? What do the existing institutional and national rules provide for? Do arbitrators have an inherent obligation to one another as arbitrators? And what does the reality of misconduct within the profession portend?
The author, a seasoned arbitrator, courageously reveals the dark, all too human "sides" of competing interests. Laid bare are the vanity, cronyism, over-ambition, disorganization, stupidity and outright deception to be found throughout the field and its galaxy of players. In-house and outside counsel, arbitrators, presidents and institutions are all subject to the author's critical gaze. but then the critique is followed by a host of frank and helpful suggestions addressed to each of the guilty parties --arbitrators, presidents, counsel, parties and institutions--to remedy many of the problems. Arbitration as a currently effective means of dispute resolution is taken to task and sincerely pled for. Praised by many highly respected arbitrators in the field and successful professionals from the commercial sector, this may be the author's most important work yet.
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