Record Details

Arbitral Tribunal Power to Disqualify Unethical Counsel

The Journal of Economic Development, Environment and People

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Field Value
 
Title Arbitral Tribunal Power to Disqualify Unethical Counsel
 
Creator Florescu, Cristina
 
Subject Law and Economic Science; ADR; Arbitration
international arbitration, arbitrator, counsel, party representative, guidelines, conflicts of interest
F53, K19, K22, K29, K33, K41, K49
 
Description In specific matters of conflicts of interest ethical issues in connection with the parties' legal representatives could occur in the course of arbitration proceedings. The purpose of this paper is to identify and investigate the current status of the arbitral tribunals and arbitral institutions power to sanction counsel’s misconduct in the event of conflicts of interest. Parties have a fundamental right to choose the counsel and in the same time the right to an independent and impartial tribunal, therefore the source of the arbitral tribunal power to disqualify a counsel is a hot topic. There are no express provisions granting arbitrators such power, only soft law instruments, but which have no binding effect as long as the parties do not agree on them. For these reasons, two renowned cases where international arbitral tribunals have dealt with the subject are examined. Developing “truly transnational” ethical rules and their implementation by the arbitral institutions might be a solution. Arbitral tribunals are establishing this issue on the basis of the undertaken and applied international soft law (professional guidelines) which gained credibility and popularity and also became accepted international standards in the arbitration field.
 
Publisher Spiru Haret University
 
Contributor —
 
Date 2015-12-24
 
Type info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
—
 
Format application/pdf
text/html
 
Identifier http://ojs.spiruharet.ro/index.php/jedep/article/view/120
10.26458/jedep.v4i4.125
 
Source Journal of Economic Development, Environment and People; Vol 4, No 4 (2015); 15-30
2285-3642
 
Language eng
 
Relation http://ojs.spiruharet.ro/index.php/jedep/article/view/120/pdf_109
http://ojs.spiruharet.ro/index.php/jedep/article/view/120/html_90
http://ojs.spiruharet.ro/index.php/jedep/article/downloadSuppFile/120/56