Parties to international arbitrations may — and often do — choose counsel to represent them based on the specific needs and features of the case. As a result, it is not uncommon for the parties' representatives to be qualified or resident in different jurisdictions, none of which is the arbitral seat. In these circumstances, a highly pivotal, yet seldom discussed, question is what ethical rules and standards of professional conduct should apply to the parties' representatives. Different jurisdictions take very different substantive approaches to various ethical issues such as witness preparation, fee arrangements, conflicts of interest and privileges. Any traditional…
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