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Dominic Spenser Underhill
Dominic Spenser Underhill

Spenser Underhill Newmark LLP

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1 Contributions by Spenser Underhill Newmark LLP Experts

International arbitration ethics: conflicting duties, witness preparation, document production, guerrilla tactics, and counsel regulation under soft law, with tribunals ensuring equality of arms and recognising professional regulators’ primacy
PRACTICE NOTES
International arbitration ethics: conflicting duties, witness preparation, document production, guerrilla tactics, and counsel regulation under soft law, with tribunals ensuring equality of arms and recognising professional regulators’ primacy
Practitioners engaged in cross-border arbitration often presume that observing the ethical code of their own jurisdiction—the place where they are authorised and supervised—is sufficient. The reality is frequently far more intricate: those standards may or may not extend beyond national borders and, if they do, they can clash with norms governing the legal seat, with requirements set by the administering arbitral body, or with provisions embedded in the parties’ contract. Whether a lawyer’s ‘home’ rules govern foreign or international proceedings is regularly unclear or equivocal, especially for counsel admitted in several jurisdictions. Nor is it an entirely simple exercise to identify which other frameworks might bite. Even where the applicable professional obligations can be pinpointed, counsel and parties within the same tribunal process commonly hail from diverse legal traditions and cultures. Consequently, they may act in line with differing views of what amounts to
Arbitration
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