What councel in arbitration should and should not do ?

Langue : Anglais

This book regroups the presentations rendered at the CEPANI40 conference on 20 October 2015 putting the spotlight on counsel as one of the crucial actors/interlocutors in arbitration. The book and conference continue a tradition started by its co-founders in 2006 of focusing in a very practical manner on various trending aspects of the arbitral process. Most recently the interest in and attention to counsel behavior in arbitration emerged, notably from an ethical point of view. This not surprising considering the multifaceted nature of this legal profession, in which counsel bear legal, professional and moral responsibility vis-à-vis clients, the arbitral tribunal, colleagues, the legal community and society at large. The first part of this book is therefore specifically dedicated to ethical questions regarding counsel conduct in arbitration. CEPANI40 however also remains true to its mission statement of providing insight and practical advice to young(er) arbitration practitioners. As such the second subtopic of the book deals with various aspects of client representation prior to, throughout and subsequent to the arbitral proceedings: from identifying the right forum for the client's claims, over assisting the client in drafting arbitration clauses, to effectively enforcing arbitral awards. Finally, a panel of four seasoned and renowned arbitration practitioners has accepted to share their experiences, each from their own point of view as international arbitrator, counsel, arbitral institution and in-house counsel, by providing hands on practical tips and tricks on how a counsel in arbitration should (not) act.