Abstract

AbstractCounsel are regulated the world over in their dealings with a court of law through the enforcement of ethical duties that are owed by them. With the increased prevalence of arbitration in resolving disputes internationally, the question then arises: how are counsel kept in check when appearing before an arbitral tribunal? The issues involved are magnified when one considers the question in the context of international arbitral tribunals. This paper considers these issues by analysing them in three parts. First, is ethical regulation necessary in international arbitration? Second, does an arbitral tribunal have jurisdiction to consider and enforce ethical obligations owed to it by counsel? Third, what ethical obligations should be applied to counsel?

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