Originally from: Soft Law in International Arbitration

Preview Page

Preamble

The IBA Arbitration Committee established the Task Force on
Counsel Conduct in International Arbitration (the ‘Task Force’) in 2008.

The mandate of the Task Force was to focus on issues of counsel
conduct and party representation in international arbitration that are
subject to, or informed by, diverse and potentially conflicting rules and
norms. As an initial inquiry, the Task Force undertook to determine
whether such differing norms and practises may undermine the
fundamental fairness and integrity of international arbitral proceedings
and whether international guidelines on party representation in
international arbitration may assist parties, counsel and arbitrators. In
2010, the Task Force commissioned a survey (the ‘Survey’) in order to
examine these issues. Respondents to the Survey expressed support for
the development of international guidelines for party representation.

The Task Force proposed draft guidelines to the IBA Arbitration
Committee’s officers in October 2012. The Committee then reviewed the
draft guidelines and consulted with experienced arbitration practitioners,
arbitrators and arbitral institutions. The draft guidelines were then
submitted to all members of the IBA Arbitration Committee for
consideration.

Unlike in domestic judicial settings, in which counsel are familiar
with, and subject, to a single set of professional conduct rules, party
representatives in international arbitration may be subject to diverse and
potentially conflicting bodies of domestic rules and norms. The range of
rules and norms applicable to the representation of parties in