All’s Fair in Love and War – Or Is It? Reflections on Ethical Standards for Counsel in International Arbitration
The American Review of International Arbitration, Vol. 22, No. 4, 2011
16 Pages Posted: 28 Dec 2013 Last revised: 30 Dec 2013
Date Written: June 10, 2012
The topic of ethics for arbitrators has been the subject of discussion and debate for many years. Recently the subject of ethics for counsel in arbitration has been generating increasing attention. “Guerrilla tactics” by counsel have been the theme of a growing number of scholarly writings and have been the subject of several international arbitration conferences. In the international arbitration context, different strategies, methods and tactics, ranging from poor behavior to egregious and even criminal conduct, have together been described as “guerrilla tactics.” To explore whether the use of guerrilla tactics in international arbitration is really a problem of sufficient frequency and moment to warrant the attention it is now receiving this article reports the results of a survey identifying the nature of the activities that might be classified as guerrilla tactics. The article further provides a history of proposals made to address such tactics and presages the promulgation of the International Bar Association’s Guidelines for Party Representatives in International Arbitration and changes in institutional rules which operate to provide authority for the implementation of those guidelines.
Keywords: arbitration, counsel conduct, guerrilla tactics, ethics, International Bar Association, ethical codes
JEL Classification: K33, K41, K49, K40, K33, K29, K12, Z00
Suggested Citation: Suggested Citation