scholarly journals Ethical Dimensions of Arbitrator Resignations

AJIL Unbound ◽  
2019 ◽  
Vol 113 ◽  
pp. 290-295
Author(s):  
Judith Levine

This essay considers the ethical implications of arbitrator resignations. The resignation of an arbitrator “can severely disrupt an arbitration, particularly if it occurs at a late stage of the proceedings” and can cause “delays and significantly increased expense” resulting from replacement efforts, possible suspension of proceedings, and even the repetition of hearings. Given its potential impact on the parties and the arbitrator's own liability and reputation, “resigning from office is a serious decision, and should never be taken lightly.” Ethical issues connected with resignation have traditionally been given less prominence than discussion of conflicts and challenges, but should not be overlooked in any new endeavors aimed at developing a code of conduct for international arbitration.

2019 ◽  
Vol 18 (1) ◽  
pp. 55-73
Author(s):  
Judith Levine

Abstract This article deals with the ethical implications of arbitrator resignations. When an arbitrator resigns it can severely disrupt proceedings. Arbitrators have a positive duty to complete the mandate for which they have been appointed, and a corollary duty not to resign without justification. This article considers steps that can be taken at the outset of proceedings to minimise the likelihood of resignation. It then discusses ethical dilemmas associated with five common circumstances that can arise during the course of arbitral proceedings which might justify resignation. The article then recalls rare but disturbing instances when a resignation itself may be ethically dubious and sets out measures available to discourage such conduct. Ethical issues connected with resignation have traditionally been given less prominence than discussion of conflicts and challenges, but should not be overlooked in any new endeavors aimed at developing a code of conduct for international arbitration.


2021 ◽  
Vol 22 (1) ◽  
Author(s):  
Kathleen Murphy ◽  
Erica Di Ruggiero ◽  
Ross Upshur ◽  
Donald J. Willison ◽  
Neha Malhotra ◽  
...  

Abstract Background Artificial intelligence (AI) has been described as the “fourth industrial revolution” with transformative and global implications, including in healthcare, public health, and global health. AI approaches hold promise for improving health systems worldwide, as well as individual and population health outcomes. While AI may have potential for advancing health equity within and between countries, we must consider the ethical implications of its deployment in order to mitigate its potential harms, particularly for the most vulnerable. This scoping review addresses the following question: What ethical issues have been identified in relation to AI in the field of health, including from a global health perspective? Methods Eight electronic databases were searched for peer reviewed and grey literature published before April 2018 using the concepts of health, ethics, and AI, and their related terms. Records were independently screened by two reviewers and were included if they reported on AI in relation to health and ethics and were written in the English language. Data was charted on a piloted data charting form, and a descriptive and thematic analysis was performed. Results Upon reviewing 12,722 articles, 103 met the predetermined inclusion criteria. The literature was primarily focused on the ethics of AI in health care, particularly on carer robots, diagnostics, and precision medicine, but was largely silent on ethics of AI in public and population health. The literature highlighted a number of common ethical concerns related to privacy, trust, accountability and responsibility, and bias. Largely missing from the literature was the ethics of AI in global health, particularly in the context of low- and middle-income countries (LMICs). Conclusions The ethical issues surrounding AI in the field of health are both vast and complex. While AI holds the potential to improve health and health systems, our analysis suggests that its introduction should be approached with cautious optimism. The dearth of literature on the ethics of AI within LMICs, as well as in public health, also points to a critical need for further research into the ethical implications of AI within both global and public health, to ensure that its development and implementation is ethical for everyone, everywhere.


2021 ◽  
Vol 10 (2) ◽  
pp. 36
Author(s):  
Michael Weinhardt

While big data (BD) has been around for a while now, the social sciences have been comparatively cautious in its adoption for research purposes. This article briefly discusses the scope and variety of BD, and its research potential and ethical implications for the social sciences and sociology, which derive from these characteristics. For example, BD allows for the analysis of actual (online) behavior and the analysis of networks on a grand scale. The sheer volume and variety of data allow for the detection of rare patterns and behaviors that would otherwise go unnoticed. However, there are also a range of ethical issues of BD that need consideration. These entail, amongst others, the imperative for documentation and dissemination of methods, data, and results, the problems of anonymization and re-identification, and the questions surrounding the ability of stakeholders in big data research and institutionalized bodies to handle ethical issues. There are also grave risks involved in the (mis)use of BD, as it holds great value for companies, criminals, and state actors alike. The article concludes that BD holds great potential for the social sciences, but that there are still a range of practical and ethical issues that need addressing.


2005 ◽  
Vol 2005 ◽  
pp. 247-253 ◽  
Author(s):  
S. Jarvis ◽  
J.E.L. Day ◽  
B. Reed

Animal science research is important in relation to our understanding of animals, their function and performance, and their relationships with their social and physical environments. Animal science research covers a wide range of disciplines and so can lead to the use of a variety of experimental techniques on animals for many different purposes. This has the potential to lead to a multitude of diverse ethical issues. Members of the British Society of Animal Science and authors of papers submitted to the Society for publication come from countries around the world and therefore are subject to differences in legislative requirements and recommendations regarding animal experimentation. These legal requirements, along with the ethical implications of the research must be fully considered before any experimental work is undertaken.


2017 ◽  
Vol 44 (7) ◽  
pp. 504-508 ◽  
Author(s):  
Neil Eisenstein ◽  
David Naumann ◽  
Daniel Burns ◽  
Sarah Stapley ◽  
Heather Draper

Advances in medical capability should be accompanied by discussion of their ethical implications. In the military medical context there is a growing interest in developing prophylactic interventions that will mitigate the effects of trauma and improve survival. The ethics of this novel capability are currently unexplored. This paper describes the concept of trauma prophylaxis (Left Of Bang Interventions in Trauma) and outlines some of the ethical issues that need to be considered, including within concept development, research and implementation. Trauma prophylaxis can be divided into interventions that do not (type 1) and those that do (type 2) have medical enhancement as an unintended side effect of their prophylactic action. We conclude that type 1 interventions have much in common with established military medical prophylaxis, and the potentially enhancing qualities of type 2 interventions raise different issues. We welcome further debate on both interventions.


2021 ◽  
Author(s):  
Ivor Shapiro ◽  
Brian MacLeod Rogers

“The right to be forgotten” (RTBF) is a relatively new concept in human-rights law, but it deals in root ethical issues familiar to news people and their sources. Editors must routinely weigh the news’ long-term role as a “historical record” against its potential negative impacts on individuals. In the digital-journalism era, publication is at the same time both more enduring and less static, creating new parameters and possibilities for ethical decision-making. Because news content may be seen by more people in more places for much longer, the potential to do lasting good or harm is greater, but, because digital publication is more retractable and redactible than legacy platforms, the possibility of correction, clarification and removal creates both new harm-reduction opportunities and new challenges to the historical record. Also known as a “right to erasure” or “right to oblivion,” the RTBF, now accepted in the European Union, recognizes that, even in the age of Google, people should retain some degree of control over information about themselves and their pasts. (Factsheet on the ‘Right to be Forgotten’ ruling (C131-12), n.d.; Manna, 2014; Rosen, 2012). This paper will explore both legal and ethical implications of the issue.


2021 ◽  
Vol 20 (1) ◽  
Author(s):  
Katherine Huerne

Background: Direct-to-consumer genetic testing (DTC-GT) is a popular and fast-growing field within the healthcare industry. Consumers often pursue DTC-GT without a clear understanding of its epistemic and medical limitations. This report will present the current state of DTC-GT technology, and highlight the ethical, legal and social issues of DTC-GT. Methods: Quantitative methods such as systematic reviews were used to evaluate the field of DTC-GT. Experimental data was taken from randomized control trials and case studies of 23andMe. Qualitative methods such as newspaper articles and surveys were also used. Relevant policies and regulatory information were analyzed in the context of 23andMe. Broader ethical issues are analyzed from the social disability model and feminist ethics frameworks. Results: Several aspects of direct-to-consumer genetic testing are outlined: (i) regulatory and legal distinctions of DTC-GT that separate its use from conventional genetic testing, (ii) epistemic issues of the genetic testing process within the direct-to-consumer context, and (iii) ethical considerations of DTC-GT in regard to genetic health and genetic ancestry. Conclusion: This report does not take a position for or against the use of DTC-GT; rather, it highlights the key ethical issues often missed in the DTC-GT process. There is no perfect method for understanding genetic health and race. DTC-GT offer consumers the ease and power of taking genetic data ‘in their own hands’, at the cost of exacerbating geneticization and race essentialism. Until further work is done to address the epistemic, regulatory and legal issues, ethical implications of DTC-GT usage will continue to exist.


2022 ◽  
Vol 07 (01) ◽  
pp. 33-36
Author(s):  
Ghazala Javed ◽  
Nandini Kumar

The World Health Organization (WHO) in its Alma Ata Declaration, 1978, focuses on the development, promotion and recognition of the traditional medical systems. India has taken steps in this direction by recognising Unani medicine with other traditional medical systems practised in India. Presently, Government is promoting integration of the recognised traditional medical systems with conventional medicine at the national level, as an interdisciplinary approach to providing better patient-centred care. Bioethics is a field of enquiry that examines ethical issues and dilemmas emerging from medical care and research involving humans. Although the term ‘bioethics’ was first mentioned in 1927 and later established as a distinct discipline in 1970s, the ethical principles in various contexts had been described centuries ago in the classical texts pertaining to traditional medical systems. Since ethics as a code of conduct was followed by ancient Unani physicians to safeguard the interests of humanity when providing healthcare, it was felt that a review of classical Unani manuscripts should be attempted to give an insight into codes of conduct described by various Unani physicians. In this paper, a 10th century book, “Kamilussanah” authored by Ali ibn Abbas al-Majoosi, also known as Majoosi (930-994 CE), is reviewed through the prism of ethics.


2015 ◽  
pp. 456-473
Author(s):  
Daniel E. Palmer

The Information Age ushered in significant transformations in the manner in which business is done. In particular, the growth of various forms of e-business, from Internet sales and marketing to online financial processing, has been exponential in recent years. Internet technologies provide businesses with the potential to more effectively distribute products and services, to more efficiently manage operations, and to better facilitate the processing of business transactions. The scope of information available to businesses using digital technologies has also radically expanded, allowing companies to better target consumers and market products. However, e-business activities can raise ethical issues as well. As such, scholars and business persons have a responsibility to be aware of the ethical implications of e-business and to promote ethically appropriate forms of e-business. The aim of this chapter is to aid in those enterprises by mapping out some of the major ethical issues connected to e-business.


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