“The professional home of dispute resolution – worldwide” Alternative Dispute Resolution Tutors: Charles Brown LLB(Hons) FCIArb and Philip Fidler FRICS FCIArb PARTY REPRESENTATIVE

The Duties of the Participants 1. The duties of the Party Representative to client 2. The duties of the Party Representative to the Tribunal 3. Comparison of the duties of Judge, Arbitrator, Adjudicator or Mediator 4. The importance of privilege

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

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

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

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

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

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

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?

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

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

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