What does Appointment mean? In legal practice, an appointment is the contract by which a client/employer engages a professional consultant (for example an architect, engineer, quantity surveyor or project manager) and sets the services, fee basis and allocation of risk. The term is descriptive and used across multiple contexts; it is not generally defined by legislation, though particular regulations refer to specific appointments (for example, construction safety roles). An appointment may be executed as a deed or as a simple contract, including by a letter of appointment. In England & Wales, Northern Ireland and Ireland this distinction affects limitation (typically around 12 years...
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This Practice Note examines conflict of interest objections to arbitral appointments in international arbitration proceedings. It should be read alongside Practice Note: Conflicts of interest in arbitration—applicable principles.
It is relatively common for advocates and arbitrators affiliated with the same barristers’ chambers and/or law firms to appear in a single matter, which can prompt a conflict of interest challenge.
The International Bar Association Guidelines on Conflicts of Interest in International Arbitration (the IBA Guidelines, 2024 para 3.) include an ‘Orange List’ addressing the ‘Relationship between an arbitrator and another arbitrator or counsel'.
Orange List items must be disclosed to the parties, as they may give rise to justifiable doubts about an arbitrator’s impartiality and independence; however, they do not, of themselves, automatically disqualify the arbitrator.
Although English barristers are often called ‘counsel’, the term ‘counsel’ in the IBA Guidelines denotes a party’s lawyer and therefore covers both barristers and solicitors.
Such situations may, depending on the circumstances, prompt scrutiny of relationships between tribunal members and party representatives to assess potential conflicts properly.
Examples...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...