IBA Guidelines on Party Representation in International Arbitration Proceedings
Type
E-journal
Date
30 Sep 2013
Jurisdiction
World
Taxonomy
Arbitration
Copyright
LexisNexis
Relevant company
Habib al Mulla & Partners
Analysis
The conduct of counsel and party representation in international arbitration has always been, and continues to be, a heavily debated issue in international arbitration proceedings. A Task Force on Counsel Conduct established by the IBA Arbitration Committee in 2008 drafted a set of guidelines to govern the conduct of counsel in international arbitration proceedings where they may be subject to multiple potentially conflicting domestic rules. These final guidelines were issued by resolution of the IBA Council on 25 May 2013, and are automatically applicable to all parties and arbitration tribunals.
Reasoning Behind the Guidelines
The requirement for guidelines was twofold. The first reason was to identify a set of substantive norms to govern party representation in international arbitration where rules applicable to professional conduct can be as diverse as to include the rules of the party representative's domestic jurisdiction, the arbitral seat, and the location in which hearings physically take place.