Arbitrator and Counsel: the Double-Hat Dilemma
Article from: TDM 4 (2013), in Ten years of Transnational Dispute Management (TDM)
Introduction
A topic really hotly debated in recent time is the so called "double-hat syndrome", the question of the propriety of lawyers acting as counsel and arbitrator in cases that raise largely the same or similar legal issues. The relevance of this topic can be felt even more if one considers that no ethical code of conduct exists for lawyers and arbitrators acting in arbitral proceedings. In this article, the authors will point out the main areas of debate, present the state of the art and propose some possible approaches to deal with the dilemma in exam. Particularly, Section 1 ...