Foreign Legal Representation in Arbitral Proceedings: The Case for a Liberalized Legal Services Sector in Emerging Economies

Abstract

This note examines the issue of foreign legal representation in arbitral proceedings. This is done within the precincts of the broader issue of the benefits and likely detriments of a liberalized legal regime. The need for an evaluation of whether an emerging economy, which seeks to attract and retain foreign investments, should embrace international best practices in its legal system has never been more important. The right to legal representation of choice is well accepted and provided for by international arbitral instruments and even national legislations of leading arbitration jurisdictions. This note examines various international instruments, arbitral rules, national legislations; and also the policy considerations of various protectionist and liberal jurisdictions. It establishes that more jurisdictions have liberalized or are taking steps towards the liberalization of their legal services sector, particularly as it relates to arbitration. It concludes with a recommendation that emerging economies will achieve a cohesion in their economic and development policies, if they embrace a liberal approach, not just in the area of foreign legal representation but also in their legal services sector as a whole.