I. Introduction

 

Picture the quintessential English advocate. The image that is

most likely immediately to come to mind is that of the soberly suited

and gowned figure of a barrister at law, topped by a wig, which would

be more readily associated with 18th century portrait paintings than

the 21st century, unless worn by a guest at one of Sir Elton John’s

celebrated fancy dress parties.

 

There are now proposals to do away with wigs, at least in English

civil proceedings, but they have yet to be adopted. In the meantime,

the formal dress code so readily associated with the practice of

advocacy in England remains unchanged. In contrast, the role of an

advocate in higher court proceedings is no longer the preserve of the

English Bar. Time-honoured practices, which long governed court

procedure, have been swept away.

 

In order to appreciate the extent of those changes and the impact

that they have had upon the role and the style of the English

advocate in international arbitration proceedings, it is necessary first

to consider the context in which they have arisen.

 

A. The Bar - Solicitor Divide

 

That the English legal profession is not a “fused” profession is
widely known. What that means, in practical terms, is perhaps less