Part I Mapping the Terrain, 3 Attorneys, Barbarians, and Guerrillas

This chapter discusses concerns regarding ethical differences in international arbitration. Traditionally, transnational disputes have been addressed via the attorneys' native legal systems; however, in an increasingly expanding field, there occur contentions of intelligibility within international arbitration. Such issues highlight the need for international standards, although naysayers have pointed out that overcoming cultural and ethical differences in coming to a consensus on an ethical issue are moot. Fortunately, there have been no significant ethical controversies to date, however, which cannot be taken for granted. Furthermore, certain efforts have been undergone in order to provide a baseline from which a standardized form of arbitration can grow, most notably the guidelines initiated by the International Bar Association (IBA), among others. To maintain its independence, legitimacy, and effectiveness, international arbitration needs to develop meaningful self-regulation of attorney ethics.