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All's Fair in Love and War - Or Is It? Reflections on Ethical Standards for Counsel in International Arbitration - ARIA - Vol. 22 No. 4 2011

Author(s): 
Edna Sussman
Page Count: 
14 pages
Published: 
June, 2012
Author Detail: 

Edna Sussman, www.sussmanADR.com, is a full-time independent arbitrator and mediator specializing in international and domestic commercial disputes and the Distinguished ADR Practitioner in Residence at Fordham University School of Law. She serves on the arbitration and mediation panels of many of the leading dispute resolution institutions and co-chairs the Arbitration Committee of the American Bar Association’s Section of International Law.

Solomon Ebere, LL.M. (University of Paris - La Sorbonne), J.D. (Georgetown University Law Center) serves as arbitration counsel in international disputes. An earlier version of this article was presented at the ICC Austria Conference, A Fine Line: How to Counter – and Employ Guerrilla Tactics in International Arbitration & Litigation, Nov.12-13, 2010.

 

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Originally from American Review of International Arbitration - ARIA

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ALL’S FAIR IN LOVE AND WAR – OR IS IT?
REFLECTIONS ON ETHICAL STANDARDS FOR
COUNSEL IN INTERNATIONAL ARBITRATION
Edna Sussman and Solomon Ebere∗
While the topic of ethics for arbitrators has been the subject of discussion and
debate for many years, recently the subject of ethics for counsel in arbitration has
been generating increasing attention. In the past two years the International Bar
Association’s Arbitration Committee issued a survey regarding counsel ethics;1
two codes of ethics2 and a checklist3 to guide counsel ethics in arbitration were
also issued. Arbitral institutions are making rule changes that would further guide
counsel conduct. “Guerrilla tactics” by counsel have been the theme of a growing
number of scholarly writings4 and have been the subject of several international
arbitration conferences.5