Volume 30 (2013) / Issue 6
The IBA Guidelines on Party Representation in International Arbitration address a variety of issues of principle and practice regarding the conduct of Party representatives in international arbitration. Rather than constituting a code of ethics, they attempt to promote certain 'international best practices' regarding such questions as ex parte communications, submissions to the arbitral tribunal, document production, witnesses and experts, without prejudice to the application of mandatory rules that may locally apply to Party representatives. A specific section of the Guidelines is devoted to 'remedies for misconduct' that may be applied by arbitral tribunals, an area which had more traditionally belonged to the realm of domestic courts and local bar associations.
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