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Counsel as Client’s First Enemy in Arbitration? is not meant to express any general criticism as to the way counsel behaves in international arbitrations.
This not a legal book, nor a book dealing with the “ethics” of the arbitration process. This book is about cases where counsel occasionally abuse or misuse their right to defend their clients in international arbitrations, with potential adverse effects on the latter. This is a subject on which with some notable exception, not much has been said. By contrast, literature abounds about the duty of the arbitrators and the consequences for them if they do not observe such duties.
In sum, this book is aimed at discussing, in the most pragmatic way, certain behaviors by counsel occasionally encountered in international arbitration practice that the author considers pathological, not physiological. The discussion is supported by real life anecdotes, appropriately redacted and sanitized. Given the author's years of experience and wealth of knowledge, this publication is a valuable resource to anyone that is serious about arbitration.