Counsel Ethics In International Arbitration

In contrast to domestic judicial settings, where counsel adhere to a single set of clearly defined rules governing acceptable ethical conduct, for counsel in international arbitration, the situation is less straightforward. The conduct of party representatives in international arbitration may be governed by a variety of diverse and potentially conflicting rules and norms, and it is frequently unclear which ethical rules even apply. These can include the rules and regulations from the party representative's home jurisdiction, the rules of the arbitral seat, or the rules of the location where the hearings are held.

Even when the seat of the arbitration is outside the party representative's home jurisdiction, the relevant ethical rules of his or her "home bar" often continue to govern the party representative's conduct. This can cause further problems because it is not unusual for arbitration lawyers to be qualified in several different jurisdictions. In such a