Sources of Ethical Obligations in International Arbitration

Summary

This practice note discusses ethical obligations that apply to Canadian counsel in international arbitrations. This is a challenging and complex area for practitioners because there is no single international code of conduct for arbitration counsel. As a result, counsel should follow best practices and be aware of the many sources of potential ethical obligations in an international setting. This ensures each lawyer’s own ethical compliance, but it also helps to establish a level playing field when counsel come from different jurisdictions with potentially different legal norms. Familiarity with these rules and norms not only protects counsel and clients, it also preserves the integrity of arbitral awards and the legal profession generally.