A leading English arbitration lawyer has called on the UIA and other professional bodies such as the International Bar Association to develop common ethical standards for counsel to arbitrations to ensure a level playing field.

Peter Turner, a partner at Freshfields Bruckhaus Deringer in Paris, told delegates in Fez that it was rare for parties to an international arbitration to be represented by lawyers from the same jurisdiction, while the members of the arbitration tribunal could also be drawn from a different jurisdiction. It is not unknown for five different jurisdictions to be represented at any given tribunal.


A significant body of regulation covering the ethical position of arbitrators already exists but the position of those acting as counsel has been largely neglected, said Mr Turner.


'If there are differences in professional rules, does that give one side an advantage?' he asked. 'Will we see more sophisticated clients decide their representation by the ethical standards of different lawyers?'


Key issues include the different approaches that can be adopted towards the evidence of witnesses and experts, the production of relevant documents, and confidentiality.


Mr Turner said that as arbitration is the fastest-growing method of resolving disputes, it is important to ensure it is not tarnished with the brush of procedural unfairness. As an interim measure, he suggested that the parties' existing duty to arbitrate in good faith could be translated into the conduct of lawyers.


He said it is for bodies such as the UIA to develop a final solution. 'It will not be the work of a moment, but for arbitration it seems to me that it can and should be done.'