Abstract

This Article addresses the lack of ethical regulation of attorneys in international commercial arbitration. There are a range of potential problems that arise because of this omission, most significantly the possibility that attorneys in the same proceeding can be abiding by different ethical rules. For example, while German attorneys regard it as improper if not criminal to speak to a witness before taking the stand, American attorneys regard it as part of their professional duty of competence to "prepare the witness." Other differences include contrasting approaches to ex parte ...