Professional Ethics at the International Bar

Arman Sarvarian

International Courts and Tribunals Series

Provides a clear assessment of the growing issue that no consistent ethical code applies to the increasing numbers of practitioners appearing before international courts, tribunals, and arbitral panels
Draws on a detailed analysis of the procedures and practice of international courts, national standards of conduct and ethical traditions, and relevant international jurisprudence to formulate ethical standards
Considers the conditions for the creation of an 'international bar' to regulate advocacy before international courts and tribunals

Professional Ethics at the International Bar

Arman Sarvarian

International Courts and Tribunals Series

Description

Over the past twenty years, the volume of international litigation and arbitration has increased exponentially. As the number of new international courts and tribunals has proliferated, the diversity and volume of advocates appearing before the international courts has also increased. With this increase, the ethical standards that apply to counsel have become a growing field of interest to practitioners of public international law. Problems threatening the integrity of the international judicial process and concerns about divergent ethical standards amongst counsel have multiplied in the international judicial system, prompting early attempts by senior members of the 'international bar' to articulate common ethical standards.

Professional Ethics at the International Bar examines the question of how to articulate common ethical standards for counsel appearing before international courts and tribunals, and the legal powers and practical ability of international courts to prescribe and enforce such standards. It conducts original research into both the theory and practice of the issues arising from this nascent process of professionalization. Using various sources, including interviews with judges, registrars, and senior practitioners, it argues that the professionalization of advocacy through the articulation of common ethical standards is both desirable and feasible in order to protect the integrity and fairness of the international judicial process.

Professional Ethics at the International Bar

Arman Sarvarian

International Courts and Tribunals Series

1:Introduction
Part I: Theoretical and Historical Background
2:The Role of Counsel Ethics in International Litigation
3:The Historical Development of National Ethical Traditions
4:The Historical Development of International Advocacy until 1945
Part II: Advocacy before International Courts and Tribunals
5:The International Court of Justice
6:The European Court of Justice
7:The European Court of Human Rights
8:The International Centre for the Settlement of Investment Disputes
9:The International Criminal Court
Part III: Counsel Ethics before International Courts in the Twenty-First Century
10:Professionalisation before International Courts
11:Towards an International Bar
12:Conclusions

Professional Ethics at the International Bar

Arman Sarvarian

International Courts and Tribunals Series

Author Information

Arman Sarvarian, Lecturer in Law, University of Surrey

From 2009-2010 Arman Sarvarian acted as legal secretary to the International Law Association Study Group on International Courts and Tribunals, throughout the drafting of the ILA Hague Principles on Ethical Standards for Counsel before International Courts and Tribunals. Since 2011, he has been a member of the International Bar Association Task Force on Counsel Ethics in International Arbitration. Arman completed the Bar Vocational Course on a Lord Denning Major Scholarship from the Honourable Society of Lincoln's Inn and was called to the English Bar in 2010. He has authored articles and papers about public international law, including common ethical standards for counsel before the European Court of Justice, European Court of Human Rights, investment and commercial arbitration, and the Nuremberg International Military Tribunal. He is currently a lecturer in law at the University of Surrey.

Professional Ethics at the International Bar

Arman Sarvarian

International Courts and Tribunals Series

Reviews and Awards

"Sarvarian offers unique insight into the reasons why international tribunals do or do not take action in the face of questionable ethical practices of the lawyers appearing before them...by boldly staking out his opinions, Sarvarian helps clarify what issues are agreed upon and what issues remain undecided, and ultimately invites commentary on all sides that will facilitate reasonable solutions." - Catherine H. Gibson, Covington & Burling, LLP, The Law and Practice of International Courts and Tribunals

"Sarvarian's study offers a fresh and innovative glance at the question of the professional deontology of international advocacy... Sarvarian's robust analysis identifies a legal gap and employs forceful arguments to demonstrate the need that this gap be filled." - Vassilis P Tzevelekos, International and Comparative Law Quarterly

"Arman Sarvarian addresses a subject of great importance and growing attention. This is truly pioneering work, a significant contribution that identifies the key issues and offers thoughtful, balanced and intelligent ideas for solutions. This work will be a key text for practitioners, academics and students." - Professor Philippe Sands QC

"[This book] adds to the field of scholarship on international dispute resolution practice by articulating common ethical standards, and it will appeal to its target readership of international judges and legal counsel who already work in the public international law arena. This book also gives those readers a voice for their calls for a professionalised international bar, whilst providing them with a convenient resource about advocacy practice inconsistencies across the various permanently appointed international courts and arbitral institutions... Sarvarians book is thus highly valuable for raising awareness of a potential need, to examine the actual ethical standards of present leaders at the international bar." - Magdalene D'Silva, Modern Law Review

"The leading work on the subject of the professional ethics of counsel before international courts and tribunals with valuable insight and information on the subject. A useful resource for practitioners, courts and academics alike with an interest in the law and practice of international courts and tribunals." - Judge Jean-Pierre Cot, International Tribunal for the Law of the Sea

"The inclusion in the prestigious series on International Courts and Tribunals and the impressive number of quotations that the book can already boast are testimony to its quality. This monograph does not shy away from taking upon its metaphorical shoulder the daunting task to serve as paradigm text for a whole new field of studies, as well as a handy repository of best practices (and worst problems) for anyone caring and daring enough to participate in a reform of the system." - Filippo Fontanelli, Chinese Journal of International Law