IBA survey on counsel ethics in international arbitration

The IBA Counsel Ethics Task Force has issued a survey seeking views on the impact of ethical constraints on arbitral proceedings.

PLC Arbitration

The International Bar Association's (www.practicallaw.com/0-383-1207) task force on counsel ethics in international arbitration has circulated a survey seeking views on the impact of ethical constraints on arbitral proceedings, including information on specific cases. In 2008, the IBA's Arbitration Committee formed the task force to investigate the different ethical and cultural norms, standards and disciplinary rules that apply to counsel in international arbitrations. The task force aims to identify whether those different standards, and a lack of international guidelines, have undermined the fundamental protections of fairness and equality of treatment and the integrity of international arbitration proceedings. Since its formation, the task force has held a number of meetings to glean initial views on these questions but it now seeks a broader perspective on:

  • International arbitrations in which the conduct of counsel raised ethical issues.
  • International arbitrations where tribunals have reviewed (or declined to review) these issues and the relevant decisions or awards setting out their conclusions.
  • Court decisions on counsel ethics in international arbitration.
  • Disciplinary proceedings by professional bodies on ethical issues raised in international arbitrations.
  • Local, national, regional or international ethical codes and standards that impact practitioners in international arbitrations.

In addition, the IBA wishes to seek views as to which counsel ethics issues could benefit from further guidance by the IBA.

Source: International Bar Association.

 
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