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United Kingdom
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International arbitration definition What does International arbitration mean? International arbitration describes an arbitration with cross‑border elements, typically where the parties are in different states, the agreed seat or place of performance is abroad, foreign law governs, or enforcement will be against overseas assets. In practice it refers to international commercial arbitration under an arbitration agreement. In England & Wales, Scotland and Northern Ireland it is a descriptive term rather than a statutory category; neither the Arbitration Act 1996 nor the Arbitration (Scotland) Act 2010 defines it. In Ireland, the Arbitration Act 2010 gives UNCITRAL Model Law force of law; Article 1(3) sets out when an arbitration is “international”...
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Ethical standards for England and Wales-qualified counsel in international arbitration: regulators’ codes, seat laws, tribunal powers, party-agreed guidelines and institutional rules
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Practice notes
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...
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Web page updated on 21/05/2026
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