The IBA Guidelines on Party Representation in International Arbitration 2013
Type
E-journal
Date
1 Aug 2013
Jurisdiction
United Arab Emirates
Taxonomy
Arbitration
Copyright
LexisNexis
Relevant company
Hadef & Partners
Analysis
The International Bar Association (IBA) is a worldwide association of legal practitioners, with a membership of over 50,000 individual lawyers and over 200 law societies and bar associations. The IBA seeks to “influence the development of international law reform throughout the world.” In May 2013, the Arbitration Committee published Guidelines on Party Representation in International Arbitration.
The Guidelines address issues of counsel conduct and are intended to provide some standardisation of conduct by legal representatives. The Guidelines may be adopted by the parties and/or the Tribunal in an arbitration.
Guideline 1 sets out formally that the Guidelines shall apply where the parties have agreed. Yet the second part of Guideline 1 provides that the Guidelines will also apply to the extent that “the Arbitral Tribunal, after consultation with the parties, wishes to rely upon them after having determined that it has the authority to rule on matters of Party representation to ensure the integrity and fairness of the Arbitral proceedings”.