The following Arbitration guidance note Produced in partnership with Diarmuid Laffan of 4 New Square provides comprehensive and up to date legal information covering:
The question as to which ethical standards apply to English and Welsh lawyers (English and England are used for convenience) acting in international arbitration proceedings will depend on the specific circumstances of the arbitration in which they are instructed.
The most important factors for practitioners to consider are the following:
the ethical rules of their professional regulator
the ethical rules for lawyers and any relevant laws of the jurisdiction where their arbitration is seated or where they are performing work (such as taking witness statements) which is relevant to an arbitration seated somewhere else
any rules or guidelines accepted to apply by the parties by agreement
any rules imposed by any relevant arbitral institution or organisation
measures taken by arbitral tribunals acting pursuant to an express or implied jurisdiction to regulate their procedure
This is a relatively uncertain area in which the applicable rules are not always easy to identify, and where the practitioner can be left without clear guidance, especially when subject to conflicting ethical norms emanating from different sources (sometimes referred to as the problem of ‘double-deontology’).
The purpose of this Practice Note is not to provide a definitive guide as to the ethical rules that apply to English arbitration lawyers in all scenarios. As will be seen below, that would be impossible in the present environment of international arbitration. It is
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234