Ethics In International Arbitration

Law360, New York (February 5, 2016, 1:51 PM EST) -- The need for ethical rules in arbitration has been the subject of extensive debate.[1] Counsel in international arbitrations are not regulated by an international bar; their individual national bar association establishes their code of conduct. A lawyer from a civil law country may have significantly different obligations concerning preservation of evidence than a lawyer practicing in a common law jurisdiction. Even among common law jurisdictions, the differences in preparing witnesses for cross-examination may be significant. Furthermore, counsel in international arbitration "may be subject to diverse and potentially conflicting bodies of domestic rules and norms. The range of rules and norms applicable to the representation of parties in international arbitration may include those of the party representative's home jurisdiction, the arbitral seat, and the place where hearings physically take place."[2]...

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