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PARTY REPRESENTATIVE

PARTY REPRESENTATIVE. Alternative Dispute Resolution Tutors: Charles Brown LLB( Hons ) FCIArb and Philip Fidler FRICS FCIArb. The Duties of the Participants. The duties of the Party Representative to client The duties of the Party Representative to the Tribunal

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PARTY REPRESENTATIVE

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  1. PARTY REPRESENTATIVE Alternative Dispute Resolution Tutors: Charles Brown LLB(Hons) FCIArb and Philip Fidler FRICS FCIArb

  2. The Duties of the Participants • The duties of the Party Representative to client • The duties of the Party Representative to the Tribunal • Comparison of the duties of Judge, Arbitrator, Adjudicator or Mediator • The importance of privilege

  3. 1. The Duties of the Party Representative to Client • Professional conduct rules • Loyalty to client • Present case to the best of ability

  4. 1. The Duties of the Party Representative to Client (cont.) • Limits on duty • Disclosure rules illustrate the limits

  5. 2. Party Representative Duties to the Tribunal • Barrister / Solicitor overriding duty to the Court – misconduct results in disciplinary proceedings • Not always the same for Arbitrator/Adjudicator? – but note CIArb disciplinary procedures

  6. 2. Party Representative Duties to the Tribunal (cont.) • IBA Guidelines on Party Representation in International Arbitration 2013 • Avoid Conflict of Interest (5) • c/f Fileturn Ltd v Royal Garden Hotel Ltd • No private conversations with Tribunal (7) • No knowingly false submissions (9) • Disclosure and witnesses

  7. 2. Party Representative Duties to the Tribunal (cont.) • What sanction does the Tribunal have if Party Representative misconduct occurs? • Expert Evidence • Mediation

  8. 3. The Duties of a Judge, Arbitrator, Adjudicator and Mediator compared • Judge - CPR • Arbitrator – Arbitration Act 1996 • S.1 • S.33 • S.34

  9. 3. The Duties of a Judge, Arbitrator, Adjudicator and Mediator compared (cont.) • Adjudicator • Decision in 28 days • Act impartially • Mediator • Uncertain but risk of reputational damage?

  10. 4. The Importance of Privilege • Legal Professional Privilege • Litigation Privilege • Privileged Documents

  11. Scenario 1 Mr Fidler • Suppressing documents • Disclosure in Adjudication • Party Representative writing witness statement and payments to witness

  12. Scenario 2 Mr Brown • Resident occupier • Hadley v Baxendale and precedent in adjudication • Cost awards

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