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Full Access Problems of Ethical Standards for Representatives before ICSID Tribunals

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Problems of Ethical Standards for Representatives before ICSID Tribunals

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There exists no ‘international bar’ regulating the practice of forensic advocacy before international courts and tribunals. Before arbitral tribunals such as the International Centre for Settlement of Investment Disputes and the Iran-US Claims Tribunal, legal argumentation is almost entirely left to the discretion of parties. There has been concern amongst participants in the arbitral process regarding ethical issues that have arisen concerning the conduct of representatives. Through analysis of ICSID procedural rules and jurisprudence, with supplementary reference to other investment arbitral tribunals as well as the Iran-US Claims Tribunal, it is argued that there is a need for procedural reform in order to introduce common and strict ethical standards of conduct for counsel appearing before such tribunals. In the absence of prescribed admission requirements or deontological rules, it is further submitted that ICSID tribunals have an inherent power to protect the integrity of their own proceedings by sanctioning representatives for misconduct. It is recommended that, as part of the progressive professionalisation of the international judicial system, the principles of integrity of arbitral proceedings, fair trial and equality of arms require that all litigants’ representatives be subjected to uniform standards of conduct.

Affiliations: 1: Faculty of Laws, University College London UK

10.1163/157180311X565160
/content/journals/10.1163/157180311x565160
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There exists no ‘international bar’ regulating the practice of forensic advocacy before international courts and tribunals. Before arbitral tribunals such as the International Centre for Settlement of Investment Disputes and the Iran-US Claims Tribunal, legal argumentation is almost entirely left to the discretion of parties. There has been concern amongst participants in the arbitral process regarding ethical issues that have arisen concerning the conduct of representatives. Through analysis of ICSID procedural rules and jurisprudence, with supplementary reference to other investment arbitral tribunals as well as the Iran-US Claims Tribunal, it is argued that there is a need for procedural reform in order to introduce common and strict ethical standards of conduct for counsel appearing before such tribunals. In the absence of prescribed admission requirements or deontological rules, it is further submitted that ICSID tribunals have an inherent power to protect the integrity of their own proceedings by sanctioning representatives for misconduct. It is recommended that, as part of the progressive professionalisation of the international judicial system, the principles of integrity of arbitral proceedings, fair trial and equality of arms require that all litigants’ representatives be subjected to uniform standards of conduct.

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/content/journals/10.1163/157180311x565160
2011-01-01
2016-12-06

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