This chapter outlines the background, the research questions and aims, the key concepts, the methodology, as well as the academic and societal relevance of this research. This book adopts a doctrinal legal study and comparative law research. The former method is used to answer the question of ‘what is the law’ in relation to the ethical obligations of arbitrators and lawyers, and of whether existing legal sources have sufficiently considered and responded to the implications of third-party funders for the professional conduct of arbitrators and lawyers. The comparative law analysis is used, where appropriate, to assess the feasibility and desirability of possibly adopting all or some of the existing rules and practices as best practices for arbitrators, lawyers and funders. Different legal sources have been chosen for this research in relation to the different ethical issues under discussion, but the selection of these representative sources of law has taken into account both the balance between ‘common law’ and ‘civil law’ as well as the level of development of international arbitration in these jurisdictions.

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Introduction

  • Yihua Chen

摘要

This chapter outlines the background, the research questions and aims, the key concepts, the methodology, as well as the academic and societal relevance of this research. This book adopts a doctrinal legal study and comparative law research. The former method is used to answer the question of ‘what is the law’ in relation to the ethical obligations of arbitrators and lawyers, and of whether existing legal sources have sufficiently considered and responded to the implications of third-party funders for the professional conduct of arbitrators and lawyers. The comparative law analysis is used, where appropriate, to assess the feasibility and desirability of possibly adopting all or some of the existing rules and practices as best practices for arbitrators, lawyers and funders. Different legal sources have been chosen for this research in relation to the different ethical issues under discussion, but the selection of these representative sources of law has taken into account both the balance between ‘common law’ and ‘civil law’ as well as the level of development of international arbitration in these jurisdictions.