국제중재절차에서의 중재대리인의 직업윤리

Attorneys at law should satisfy qualification requirements and obey strict legal professional ethics. In case where they break such rules, criminal punishment shall be given to them. Otherwise, it is argued that there is no need to require for counsels in the international arbitration procedure to meet above qualifications. Further, most of international arbitration organizations do not have unanimous professional ethics for counsel of arbitration. If focused on the private procedure for dispute resolution, such assertion seems to be appropriate. However, given the purpose and operation of introduction and institution of arbitration, fairness of arbitration is inevitable elements not to be abandoned. So as to secure the fairness of international arbitration procedure and the objectiveness of the arbitration award, it is necessary to be required for counsels of international arbitration to act in accordance with professional ethics rules. In this regard, this article examined duty to act honestly, duty to act fairly as main contents of professional ethics of counsel in the international arbitration procedure. Also, those duties are need to be more highly required than in litigation procedures. However, how to strictly obey such rules and in what sanctions are given are difficult to conclude. Nonetheless, considering the judicialization of arbitration, unethical acts or misconduct of counsel to harm fairness of arbitration should be sublated. For this purpose, it shall not leave in personal ethics issue. Therefore, enactment of ethics code for counsel in arbitration procedure shall be followed. If such rules are violated, violator are directly limited to act for clients in international arbitration and also arbitrator for some period. In addition, indirect methods to effectuate the sanction including halt of arbitration procedure and dismissal on such counsel’s client should be introduced.