The SRA presumes that the Handbook applies outside England and Wales. However, its detailed application must be modified to take account of the specific challenges posed by international practice.
The question of professional conduct is a particular issue in international arbitration practice, where lawyers may be conducting arbitration outside their own jurisdiction and several sets of professional conduct rules may apply. The SRA's consultation coincides with the work of the International Bar Association Arbitration Committee's work on counsel ethics in international arbitration (see Legal update, IBA survey on counsel ethics in international arbitration).
It remains to be seen whether any changes to the SRA's regulatory regime will clarify the position of English solicitors handling arbitrations outside England and Wales, and foreign lawyers working on arbitrations in England and Wales.