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Conflicts of interest in International Arbitration

Purpose: To advise barristers how to avoid conflicts of interest in international arbitrations or giving rise to a perception of such a conflict
Scope of application: All self-employed barristers taking instructions to act in international arbitrations
Issued by: The International Committee
First reviewed: 01/07/2015
Last reviewed: 01/07/2015
Status and effect: Please see the notice at end of this document. This is not "guidance" for the purposes of the BSB Handbook I6.4.

The Bar Council of England and Wales is conscious that there has been concern in the recent past expressed in relation to cases in which a barrister appears before a barrister from the same chambers sitting as an arbitrator, in the context of international arbitrations, where clients may not be as used to the structure and culture of the English bar. This note deals only with the position of the self-employed Bar, and does not address other forms of entity

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Important Notice

This document has been prepared by the Bar Council to assist barristers on matters of professional conduct and ethics. It is not “guidance” for the purposes of the BSB Handbook I6.4, and neither the BSB nor a disciplinary tribunal nor the Legal Ombudsman is bound by any views or advice expressed in it. It does not comprise – and cannot be relied on as giving – legal advice. It has been prepared in good faith, but neither the Bar Council nor any of the individuals responsible for or involved in its preparation accept any responsibility or liability for anything done in reliance on it. For fuller information as to the status and effect of this document, please see here.

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