Author: Edna Sussman and Solomon Ebere*
Published: June 2012
Description: While the topic of ethics for arbitrators has been the subject of discussion and debate for many years, recently the subject of ethics for counsel in arbitration has been generating increasing attention. In the past two years the International Bar Association’s Arbitration Committee issued a survey regarding counsel ethics; two codes of ethics and a checklist to guide counsel ethics in arbitration were also issued. Arbitral institutions are making rule changes that would further guide counsel conduct. “Guerrilla tactics” by counsel have been the theme of a growing number of scholarly writings and have been the subject of several international arbitration conferences.
*Edna Sussman is a full-time independent arbitrator and mediator specializing in international and domestic commercial disputes and the Distinguished ADR Practitioner in Residence at Fordham University School of Law. She serves on the arbitration and mediation panels of many of the leading dispute resolution institutions and co-chairs the Arbitration Committee of the American Bar Association’s Section of International Law. Solomon Ebere, LL.M. (University of Paris – La Sorbonne), J.D. (Georgetown University Law Center) serves as arbitration counsel in international disputes. An earlier version of this article was presented at the ICC Austria Conference, A Fine Line: How to Counter – and Employ Guerrilla Tactics in International Arbitration & Litigation, Nov. 12-13, 2010.