November 12, 2012 Articles

'Justice as Fairness' as a Guiding Principle in Arbitration

Arbitrators need a framework for decision-making—namely, John Rawls’s“Justice as Fairness” theory of the social contract as applied to international commercial arbitration

by Robert L.C. Houston

Rules of ethics in international commercial arbitration often require agreement among parties who may have a wide disparity in cultural and professional expectations for ethical practice. Even the best efforts to circumscribe the ethics of arbitration for parties in the international sphere have been challenging in light of these complexities. As argued below, it makes sense for arbitrators to approach ethical rules with a framework for decision-making—namely, John Rawls's "Justice as Fairness" theory of the social contract as applied to international commercial arbitration.

Premium Content For:
  • Litigation Section
Join - Now