Are there particular qualification requirements for representatives (‘counsel’) appearing in the jurisdictions?
The IAA prescribes a very liberal rule in relation to representation. Section 29(2) of the IAA provides that a party may be represented by him or herself, by a duly qualified legal practitioner from any legal jurisdiction of that party’s choice or by any other person of that party’s choice. Thus a party may choose any person, either legally qualified or not, as a representative. Further, the selection of a representative is not subject to approval by the arbitrator. If parties have excluded the Model Law by virtue of section 21 of the IAA, it is not clear whether the representation provisions in the IAA, or those in the CAA, will apply. This question has not been resolved. However, the better view is that the parties only exclude the Model Law and the remainder of the IAA’s provisions are still applicable. Thus section 29 of the IAA should apply to all international arbitrations even if the Model Law has been excluded. For domestic arbitrations under the CAAs, the rule regarding repres
