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ArbitralWomen members regularly publish articles in highly-regarded legal and ADR journals

Search Results for: Conduct of Legal Representatives under the 2014 LCIA Arbitration Rules: How to Apply the New Provisions

Issues relating to the conduct of legal representatives in international arbitration have attracted significant attention in recent years. The author notes that there is a lively debate as to whether and how counsel conduct can or should be regulated. The new LCIA Arbitration Rules, which entered into force on 1 October 2014 are at the core of this debate since they are the first institutional rules that have included provisions regulating the legal representatives’ conduct. Article 18 of the Rules deals with the parties’ fundamental right to choose legal representatives, as well as with the consequences of any change or addition to the parties’ legal representation after the formation of the arbitral tribunal. In their Annex, the Rules contain ‘General Guidelines for the Parties’ Legal Representatives’ (hereafter the ‘Guidelines’). Without discussing whether the LCIA's decision was an opportune one, the post focuses on how these provisions will apply in practice, in particular with respect to (i) the Guidelines’ scope, (ii) their content, and (iii) the tribunal’s powers in the case of a violation thereof.