The Study Group of the International Law Association on the Practice and Procedure of International Courts and Tribunals has published the Hague Principles on Ethical Standards for Counsel Appearing before International Courts and Tribunals. The non-binding Principles are intended to apply to any person discharging the functions of counsel, whether or not legally qualified, before an international court or tribunal, including international arbitral tribunals. The Principles prescribe four core principles (fair administration of justice, independence, professionalism and confidentiality) and then set out more detailed provisions relating to relations with the client, conflicts of interest, relations with the international court or tribunal, presentation of evidence, and relations with others.

The purpose of the Principles is to maintain high standards of professional conduct with a view to ensuring the integrity, justice and fairness of international proceedings. In particular, they are intended to assist counsel with the particular challenges that may arise as a result of the non-national context of international proceedings and the differing provisions of national ethical rules. The Principles envisage that, where they differ from national ethical rules, counsel may apply to the relevant court or tribunal for a ruling.

The International Bar Association and the Council of the Bars and Law Societies of the European Union are also currently considering the issues raised by ethics in international arbitral proceedings. We will report further in due course.