Projet de Disposition sur les règles applicables à la Déontologie dans les arbitrages internationaux et Projet de Code de conduite

Abstract

Summary: Conflicts of Rules of Ethics are common in international arbitration. The method to determine which rules on conduct are applicable for a given arbitration matter may follow the better known conflict rules of the European tradition of international private law.Characteristics of ethical rules will be taken into account, for example with regards to the consequences of their violation and the determination of the interests which are furthered by rules of ethics. The autonomy of the parties leads to admit their own common choice of given rules of ethics, even if it has to be implied from the circumstances. In the absence of choice, Counsels are subject to the rules which are common to all of them if they are not indequate in international arbitration, otherwise to the lex arbitri. The relations between each Counsel and his client are subject to the choice of the parties to these relationships.Reviews may be made by the Court of Appeal having jurisdiction for the award or by the Court of Recognition and Enforcement of the award.The appended draft Code of Conduct for Arbitration Proceedings Taking Place in Switzerland is aimed at showing that specific rules of ethics for international proceedings are conceivable.