Diarmuid Laffan
Diarmuid is a commercial law specialist, with a particular focus on insurance / reinsurance, professional negligence and construction disputes. He regularly appears before arbitral panels and the Higher Courts of England and Wales.
Practice Area
Panel
- Contributing Author
Qualified Year
- 2014
Membership
- COMBAR
- BILA
- CFLA
Education
- BCL (Oxon)
- BL (University College Dublin)
1 Contributions by Diarmuid Laffan
PRACTICE NOTES
Ethical standards for England and Wales-qualified counsel in international arbitration: regulators’ codes, seat laws, tribunal powers, party-agreed guidelines and institutional rules
Which ethical standards govern English and Welsh practitioners (using English and England for brevity) engaged in international arbitration will vary with the features of the arbitration, and the context in which they are retained to act within such arbitration.
The most important factors for practitioners to consider are the following:
the ethical requirements of their professional regulator
the ethical duties for lawyers and any pertinent laws of the seat’s jurisdiction, or of the place where they undertake tasks (for example, taking witness statements) connected to an arbitration seated elsewhere in relation to that work
any rules or guidance the parties have agreed will apply between them
any provisions set by a relevant arbitral institution or organisation
measures adopted by tribunals exercising express or implied powers to control and manage the conduct of proceedings
This field remains comparatively unsettled, the governing standards are not invariably straightforward to discern, and a practitioner may sometimes be left without firm direction, particularly when facing clashing ethical frameworks issued by different sources (often described as the difficulty of ‘double-deontology’) in practice for those involved.
The aim of this Practice Note is not to deliver a conclusive guide as to the...
Arbitration
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