Terms in the IBA Guidelines on Party Representation in International Arbitration

‘Arbitral Tribunal’ or ‘Tribunal’ means a sole Arbitrator or a panel of Arbitrators in the arbitration;

‘Arbitrator’ means an arbitrator in the arbitration;

‘Document’ means a writing, communication, picture, drawing, program or data of any kind, whether recorded or maintained on paper or by electronic, audio, visual or any other means;

‘Domestic Bar’ or ‘Bar’ means the national or local authority or authorities responsible for the regulation of the professional conduct of lawyers;

‘Evidence’ means documentary evidence and written and oral testimony;

‘Ex Parte Communications’ means oral or written communications between a Party representative and an Arbitrator or prospective Arbitrator without the presence or knowledge of the opposing Party or Parties;

‘Expert’ means a person or organisation appearing before an Arbitral Tribunal to provide expert analysis and opinion on specific issues determined by a Party or by the Arbitral Tribunal;

‘Expert Report’ means a written statement by an Expert;

‘Guidelines’ mean these IBA Guidelines on Party Representation in International Arbitration, as they may be revised or amended from time to time;

‘Knowingly’ means with actual knowledge of the fact in question;

‘Misconduct’ means a breach of the present Guidelines or any other conduct that the Arbitral Tribunal determines to be contrary to the duties of a Party Representative;

‘Party’ means a party to the arbitration;

‘Party-Nominated Arbitrator’ means an Arbitrator who is nominated or appointed by one or more Parties;

‘Party Representative’ or ‘Representative’ means any person, including a Party's employee, who appears in an arbitration on behalf of a Party and makes submissions, arguments or representations to the Arbitral Tribunal on behalf of such Party, other than in the capacity as a Witness or Expert, and whether or not legally qualified or admitted to a Domestic Bar;

‘Presiding Arbitrator’ means an arbitrator who is either a sole Arbitrator or the chairperson of the Arbitral Tribunal;

‘Request to Produce’ means a written request by a Party that another Party produce Documents;

‘Witness’ means a person appearing before an Arbitral Tribunal to provide testimony of fact;

‘Witness Statement’ means a written statement by a Witness recording testimony.