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Time for change?

01 November 2013 / Khawar Qureshi KC
Issue: 7582 / Categories: Features , Arbitration , Commercial
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In the first of two leading articles, Khawar Qureshi QC puts ethics in international arbitration under the spotlight

This two-part article provides a summary of the rules and guidelines applicable to both arbitrators and counsel in international arbitration, along with examples of how these rules and guidelines have been applied in practice, and considers whether further regulation is needed.

The term “ethics” in this article is defined broadly as the “rules of conduct recognised in respect to a particular class of human actions of a particular group”.

Given the international nature of arbitration, and the differing cultural or contextual expectations of parties, as well as counsel, some commentators reject the contention that a uniform code of “ethics” can be applicable.

Nevertheless, precisely because some degree of uniformity is required to provide a measure of consistency and predictability (not to mention order), institutional rules which govern the arbitral process seek to define its parameters, while leaving the arbitrators with broad discretion to ensure that flexibility is maintained.

IBA

The International Bar Association

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NEWS
Human rights lawyers, social justice champion, co-founder of the law firm Bindmans, and NLJ columnist Sir Geoffrey Bindman KC has died at the age of 92 years
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
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