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Ethics in International Arbitration, written by Catherine Rogers

Ethics in International Arbitration, written by Catherine Rogers * The reviewer served alongside the author as a member of the International Bar Association Task Force on Counsel Ethics in International Arbitration throughout the drafting of the IBA Guidelines on Party Representation in International Arbitration 2013. Oxford: Oxford University Press, 2014. Pp. 416. £95.00. ISBN: 978-0-19-533769-3. The topic of professional ethics in international arbitration is an increasingly important one, not only in the professional literature but also in practice. For example, an investor-State arbitral Tribunal in a recent award made the following observation: The Tribunal finds it extremely serious that the Claimants have attempted to establish the Tribunal’s jurisdiction by way of documents which have turned out to be untrustworthy, if not utterly misleading. The Tribunal recalls that the Claimants asked notary Joseph, who accepted, to backdate corporate resolutions by 5 years. This fact was conclusively established at the Hearing, as it was plainly admitted by notary Joseph herself. Mr. Levy then returned to see Ms. Joseph sometime after April 2012, when this arbitration was already underway, requesting the ‘rectification’ of the backdated notarization to ensure that the date of the alleged 2005 transfer was well documented. Thus, Mr. Levy attempted to correct false information with further http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Journal of World Investment and Trade Brill

Ethics in International Arbitration, written by Catherine Rogers

Sarvarian, Arman
Journal of World Investment and Trade , Volume 16 (4): 7 – Jul 11, 2015
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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
Subject
Book Reviews
ISSN
1660-7112
eISSN
2211-9000
DOI
10.1163/22119000-01604010
Publisher site
See Article on Publisher Site

Abstract

* The reviewer served alongside the author as a member of the International Bar Association Task Force on Counsel Ethics in International Arbitration throughout the drafting of the IBA Guidelines on Party Representation in International Arbitration 2013. Oxford: Oxford University Press, 2014. Pp. 416. £95.00. ISBN: 978-0-19-533769-3. The topic of professional ethics in international arbitration is an increasingly important one, not only in the professional literature but also in practice. For example, an investor-State arbitral Tribunal in a recent award made the following observation: The Tribunal finds it extremely serious that the Claimants have attempted to establish the Tribunal’s jurisdiction by way of documents which have turned out to be untrustworthy, if not utterly misleading. The Tribunal recalls that the Claimants asked notary Joseph, who accepted, to backdate corporate resolutions by 5 years. This fact was conclusively established at the Hearing, as it was plainly admitted by notary Joseph herself. Mr. Levy then returned to see Ms. Joseph sometime after April 2012, when this arbitration was already underway, requesting the ‘rectification’ of the backdated notarization to ensure that the date of the alleged 2005 transfer was well documented. Thus, Mr. Levy attempted to correct false information with further

Journal

Journal of World Investment and Trade – Brill

Published: Jul 11, 2015

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