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Ethics in international arbitration – individual obligations – global consequences

In the past decade there has been increasing interest in the subject of ethics in arbitration, particularly in international commercial arbitration. There are often no clear answers to ethical dilemmas and in many instances ethical obligations of lawyers in one jurisdiction conflict with equally appropriate and value-based ethical obligations of lawyers subject to different professional conduct regulations in another jurisdiction.

It is therefore not surprising that there is in fact no international standard of ethics applicable to all persons engaging in international commercial arbitration (including both arbitrators and counsel). The task of reconciling professional conduct rules from around the world into one precise and commercial set of standards which acknowledges and respects cultural differences is a daunting task.

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This paper was presented at the Federal Court of Australia, Melbourne, on 7 March 2018 as part of the National Commercial Law Seminar Series organised by the Federal Court of Australia, the Commercial Bar and Monash Law School.

It was originally published in the June 2018 edition of the ACICA Review. For further information, please visit the Australian Centre for International Commercial Arbitration (ACICA) website: www.acica.org.au



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