Diarmuid Laffan

This Practice Note offers an overview of some of the core procedural standards that govern arbitration proceedings (including international arbitration proceedings). It includes a discussion of the law of the seat, the applicable arbitration rules and other relevant arbitral standards such as professional obligations. This topic may be referred to as: minimum procedural standards in international arbitration; the relevance of the law of the seat (lex arbitri) to international arbitration proceedings; procedure in arbitration; what can I expect from a tribunal in international arbitration proceedings; fundamental rules of procedure in international arbitration; due process in international arbitration; and, procedural fairness and efficiency in international commercial arbitration.

This Practice Note considers the ethical obligations (duties), rules and procedures governing the conduct of barristers and solicitors, qualified to practise in England and Wales (E&W), involved in international arbitration proceedings as legal representatives. The Practice Note may be of broader use to those practising in international arbitration. As well as identifying why this subject is important to lawyers (including the common areas of tension), the Practice Note identifies and discusses the main sources of ethical regulation of English lawyers in international arbitration, which include: the IBA Guidelines on Party Representation in International Arbitration; the Bar Standards Board (BSB) and Solicitors Regulation Authority (SRA) Standards and Regulations; and, the LCIA General Guidelines for the Authorised Representatives of the Parties. The Singapore Institute of Arbitrators’ Guidelines on Party-Representative Ethics and the ICC’s Note to Parties and Arbitral Tribunals on the Conduct of the Arbitration are also noted. This broad subject may be referred to as: codes of conduct applying to UK-qualified lawyers in international arbitration proceedings; what regulatory regime governs lawyer conduct in arbitrations; what are my obligations as an English lawyer in international arbitration proceedings; regulation of party representative conduct in arbitration; and, lawyer ethics in arbitral proceedings.