Abstract

This article aims to analyse the topic of witness coaching in international arbitration. Ethical obligations are different amongst the jurisdictions and there are different ‘conflict rules’; so, a lawyer can face a positive conflict of ethical rules (to wit, its own home rules and the rules of the seat of arbitration). The issue of contact between lawyers and witnesses (witness preparation, witness coaching and witness familiarization) is a conflicting one because it is differently regulated and this can lead to an uneven playfield. The arbitral community has tried to solve this clash of rules, but a final and satisfactorily solution has not been found yet. In conclusion, the author suggests a possible way to solve (or to minimize) this conflict among different points of view.

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