Versions

 

44. Party and Party Representative conduct

(1) A Party Representative shall:
(a) not engage in activities intended to obstruct or delay the arbitral proceedings, jeopardise the integrity of proceedings or the finality of any award;
(b) not knowingly or recklessly make a false statement to the arbitral tribunal;
(c) preserve and not knowingly conceal or destroy documents that are likely, or advise a party to conceal or destroy, documents that are likely to be relevant to the issues in dispute in the arbitration or which the arbitral tribunal has ordered to be produced; and
(d) make sure that the party for whom he acts understands at all times that he must preserve and not conceal or destroy such documents.
(2) If the arbitral tribunal (whether following a complaint by one party against another Party Representative or on its own initiative) and after giving the relevant Party Representative an opportunity to make representations, finds that a Party Representative contravened subsection ‎(1), the arbitral tribunal may impose one or more of the following sanctions:
(a) a written reprimand or caution to the Party Representative;
(b) draw adverse inferences when assessing the evidence relied upon, or legal submissions made by, the Party Representative;
(c) make an order or award on costs in relation to the conduct of the Party Representative against the party instructing the Party Representative; and
(d) adopt any other appropriate measure that the arbitral tribunal considers necessary to preserve the fairness and integrity of the proceedings.
(3) The arbitral tribunal’s decision under subsection ‎(2) must be in writing, with reasons, and must be communicated to all parties to the arbitration.
(4) The arbitral tribunal is in all cases entitled to consider the conduct of the parties and the Party Representatives when making any decision allocating the costs of the arbitration between the parties.