The Lawyer in the Context of Arbitration
The Lawyer in the Context of Arbitration

Summary/Abstract: This scholarly article explores the crucial role of lawyers in arbitration, a primary method of out-of-court dispute resolution. It examines the lawyer's multifaceted involvement, from pre-dispute contract drafting and arbitration agreement negotiation to representing parties in arbitration proceedings and subsequent court appeals (e.g., annulment of arbitral awards). The article discusses the influence of various legal frameworks – EU law, international treaties, national laws, and soft law – on both advocacy and arbitration practices. It also analyzes the lawyer's role as an arbitrator, addressing independence, impartiality concerns, and the implications of soft law guidelines like the IBA Guidelines on Conflicts of Interest. The author highlights the increasing importance of lawyers in promoting and facilitating alternative dispute resolution, particularly in international commercial contexts.

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