Portal de Periódicos da CAPES

The Lawyer's Duty to Arbitrate in Good Faith and with Civility

2021; Oxford University Press; Volume: 37; Issue: 2 Linguagem: Inglês

10.1093/arbint/aiab021

1875-8398

Audley Sheppard,

Legal principles and applications

Abstract Van Vechten (Johnny) Veeder delivered the 2001 Goff Lecture in Hong Kong on the topic of ‘The Lawyer’s Duty to Arbitrate in Good Faith’. He was especially concerned that there should be a ‘level playing field’ for advocates who come from different jurisdictions and who are subject to different national deontological rules. His concerns were echoed and amplified by other leading voices. This led to the issue being addressed in guidelines drafted by some arbitral institutions and organisations (such as the LCIA, the IBA arbitration committee and ICCA). While not addressed in his Goff lecture, Veeder was also concerned that advocates should treat each other with civility. This article, written as a tribute to Veeder, explores the extent to which various ethical codes of conduct, changes in law firm culture, issues of mental wellbeing, and effective advocacy, require lawyers to treat each other with courtesy, respect and civility.