Part I Commentary on the ICDR International Rules, 16 Article 16—Party Representation
Martin F Gusy, James M Hosking
Martin F. Gusy, James M. Hosking
This chapter examines Article 16 of the ICDR Rules. Although some jurisdictions have traditionally placed restrictions on who can appear on behalf of the parties in an arbitration proceeding conducted on its territory, there is a clear trend in international arbitration towards allowing the parties freely to choose a representative as they deem appropriate, whether that be a local lawyer or foreign counsel, or someone not qualified as a lawyer at all. Article 16 does not provide express guidance as to who may or may not represent a party in arbitration. However, it does provide that each party has the right to representation and, given the liberal approach underlying modern doctrine and the ICDR Rules, this provision should be interpreted to provide each party with the freedom to select a representative of its choosing, whether that is a lawyer or a non-lawyer.