Last Updated: 1 July 2020

Purpose of this Privacy Notice

I, Yves Derains (“I” or “me”) act as an arbitrator and carry out other activities in relation to disputes or potential disputes, both during the pendency of such disputes and after their conclusion (“Arbitral Proceedings”).

This Privacy Notice describes how I collect and process personal data in the context of those services and activities. This Privacy Notice is not intended to override any other privacy-related orders or notices that either I or a tribunal of which I am a part may issue in the context of the Arbitral Proceedings or that I may provide to you in specific circumstances. My privacy notice for all other activities that do not relate to my activities in relation to Arbitral Proceedings can be found here.

Arbitral Proceedings may finally determine the rights and interests of persons (both individuals and legal entities) and must therefore be undertaken fairly and impartially, which requires me to ensure that the parties’ fundamental due process rights, rights to equal treatment and their right to present their case and to be heard are protected.

My activities as an arbitrator may require me to process personal data relating to arbitrators, mediators, adjudicators, experts and others acting or potentially acting in similar roles (“Neutrals”), as well as tribunal secretaries, employees of arbitral institutions, parties, their authorised representatives and legal counsel, witnesses and other individuals that may be identified or identifiable in any information that is processed during the Arbitral Proceedings.

I act as a controller of personal data for some of my activities as an arbitrator. You should be aware that others may also act as data controllers during Arbitral Proceedings in which I act as an arbitrator, for example, the parties, their authorised representative or legal counsel, the arbitral institution and other Neutrals. When I act as an arbitrator, I am responsible for the data processing activities that I undertake in that function, but not for the activities undertaken by other data controllers acting in the context of Arbitral Proceedings, including other Neutrals. Their activities are not the subject of this Privacy Notice.

Please note that when, in the context of Arbitral Proceedings, you provide any personal data relating to individuals with whom I or the person to whom such data is submitted has no direct relationship, it is your duty to provide the individual with adequate notice that their data is being processed for this purpose and to comply with your data protection obligations under the applicable law(s).

This Privacy Notice is in effect as of the date indicated at the end of this Privacy Notice. A link to this Privacy Notice is found under the signature line of my emails.

If you have any questions about this Privacy Notice or how I treat your personal data in the context of Arbitral Proceedings, or if you wish to exercise any of your data subject rights, please refer to the details found at the end of this Privacy Notice.

What personal data do I collect and how?

Depending on the circumstances, I may obtain the following personal data about you in the context of Arbitral Proceedings in which I serve as arbitrator:

Institutional Representatives

• Your name, contact details and other information you may provide to me during the appointment process or in the context of Arbitral Proceedings, including any challenge proceedings, in which I serve as an arbitrator.

Neutrals

• Your name, contact details, financial information (including banking details), personal identification information (including passport information) and other personal data submitted to me by you, a party, a party’s authorised representative or legal counsel, another Neutral, a tribunal secretary, or a representative of the institution, or that is otherwise disclosed to, or collected by, me from third parties or publicly available resources in the context of Arbitral Proceedings in which I serve as an arbitrator;
• Information about whether you are subject to economic sanctions or any other legal or regulatory impediment.

Tribunal Secretaries

• Your name, contact details, financial information (including banking details), personal identification information (including passport information) and other personal data submitted to me by you, a party, a party’s authorised representative or legal counsel, another Neutral, a tribunal secretary, or a representative of the institution, or that is otherwise disclosed to, or collected by, me from third parties or publicly available resources in the context of Arbitral Proceedings in which I serve as an arbitrator;
• Information about whether you are subject to economic sanctions or any other legal or regulatory impediment.

Individual Parties/Party’s Authorised Representatives and Legal Counsel

• Your name, contact details, financial information (including banking details), personal identification information (including passport information) and other personal data submitted to me by you, a party, a party’s authorised representative or legal counsel, another Neutral, a tribunal secretary, or a representative of the institution, or that is otherwise disclosed to, or collected by, me from third parties or publicly available resources in the context of Arbitral Proceedings in which I serve as an arbitrator;
• Information about whether you are subject to economic sanctions or any other legal or regulatory impediment.

Fact and Expert Witnesses

• Your name, contact details, financial information (including banking details), personal identification information (including passport information) and other personal data submitted to me by you, a party, a party’s authorised representative or legal counsel, another Neutral, a tribunal secretary, or a representative of the institution, or that is otherwise disclosed to, or collected by, me from third parties or publicly available resources in the context of Arbitral Proceedings in which I serve as an arbitrator;
• Information about whether you are subject to economic sanctions or any other legal or regulatory impediment;
• Personal data you choose to include in your witness statement or expert report and any oral testimony you may give (which may be transcribed), as submitted to me during Arbitral Proceedings in which you provide written or oral evidence;
• Any other personal data of yours submitted to me by a party, a party’s authorised representative or legal counsel, a Neutral, a tribunal secretary, or a representative of the institution, or that is otherwise disclosed to, or collected by, me from third parties or publicly available resources in the context of Arbitral Proceedings in which I serve as an arbitrator.

Other Individuals

• Personal data of yours submitted to me by a party, a party’s authorised representative or legal counsel, a Neutral, a tribunal secretary, or a representative of the institution, or that is otherwise disclosed to, or collected by, me from third parties or publicly available resources in the context Arbitral Proceedings in which I serve as an arbitrator.

How do I use your personal information and on what legal basis?

In the context of Arbitral Proceedings in which I serve as an arbitrator, and depending on the circumstances, I may use your personal data in the following ways and on the legal bases described below:

Other Neutrals and Tribunal Secretaries

• To assess your availability and suitability (including in response to specific challenges made by parties) to be appointed and to continue to act in Arbitral Proceedings, as necessary to further my and the parties’ legitimate interests in ensuring that only suitable candidates are appointed and that conflicts of interest do not arise that could undermine the actual or perceived integrity of the Arbitral Proceedings;
• To remit funds to you or provide administrative information regarding your (potential) appointment or the conduct of Arbitral Proceedings, as necessary for the performance of any agreement we may have entered into and my duties under them;
• To facilitate the general conduct of Arbitral Proceedings, including to communicate with you, facilitate communications between the tribunal and the arbitral participants more broadly, and to fulfil other administrative tasks in relation to Arbitral Proceedings, as necessary for furthering the parties’ legitimate interests in resolving the dispute between them efficiently and expeditiously and ensuring that the rights of the parties are respected;
• Where necessary to meet my legal and regulatory compliance obligations, including those relating to taxes, economic sanctions and money laundering (“Legal Compliance Obligations”).

Individual Parties/Party’s Authorised Representatives and Legal Counsel

• To facilitate the general conduct of Arbitral Proceedings, including to communicate with you, facilitate communications between the tribunal and the arbitral participants, and to fulfil other administrative tasks in relation to Arbitral Proceedings, as necessary for furthering the parties’ legitimate interests in resolving the dispute between them, and the parties’ and my interest in ensuring that the arbitral process operates efficiently and expeditiously and that the rights of the parties are respected;
• Where we have entered into an agreement for me to provide services to you as an individual in connection with Arbitral Proceedings, I may process your personal data (only) as necessary to perform my obligations and duties under that agreement;
• Where necessary to meet my Legal Compliance Obligations.

Expert and Fact Witnesses

• To facilitate your giving of evidence in Arbitral Proceedings, and the examination of such evidence, as necessary for furthering the parties’ legitimate interests in resolving the dispute between them, and the parties’ and my interests in ensuring that Arbitral Proceedings operate efficiently and expeditiously and that the rights of the parties are respected;
• Where necessary to meet my Legal Compliance Obligations.

Other Individuals

• As necessary for furthering the parties’ legitimate interests in resolving the dispute between them, and the parties’ and my interests in ensuring that the Arbitral Proceedings operate efficiently and expeditiously and that the rights of the parties are respected;
• Where necessary to meet my Legal Compliance Obligations.

How do I share your personal information?

Depending on the circumstances in which I process your personal data, I may share it with the following people, as necessary for furthering my and the parties’ legitimate interests in resolving the dispute between them, and the parties’ interests in ensuring that Arbitral Proceedings operate efficiently and expeditiously and that the rights of the parties are respected or as otherwise set out below:

• Arbitral Participants and others involved in Arbitral Proceedings in which you are also involved;
• My service providers such as third-party data hosting providers in order for me to provide services in connection with Arbitral Proceedings;
• With third parties including my professional advisors, financial institutions, or law enforcement agencies, where necessary to comply with my Legal Compliance Obligations, or where it is otherwise in my or another Arbitral Participant’s legitimate interests to do so.

Where do I transfer your personal data?

If the recipient is not based in a jurisdiction providing an adequate level of protection for personal data as determined by the relevant regulatory body, I make such transfers in accordance with my legal obligations, for example where the transfers are necessary to establish, exercise or defend legal claims in the context of arbitration proceedings, or where there is another lawful basis to do so.

How long do I retain your personal information?

I will only keep your personal data for as long as is reasonably necessary in the circumstances. Retention periods vary depending on the category of data, taking into account legal and regulatory requirements, limitation periods for taking legal action, good practice and the lawful basis on which I process your personal data.

What rights do you have over your personal data?

Depending on the circumstances, you may have a number of rights over the personal data that I process about you. These may include the right to:

• Request access to your personal data and obtain a copy of it from me;
• Correct your personal data that I hold where it is incomplete or inaccurate;
• Have your personal data erased where there is no good reason for continued use or retention, unless the processing is necessary to pursue a legal claim or defense;
• Request that your personal data is used only for limited purposes, unless the processing is necessary to pursue a legal claim or defense;
• Request me to stop processing your personal data when it is being processed based on your consent;
• Object to your personal data being processed if the lawful basis for processing it is either my or a third party’s legitimate interests unless there are overriding legitimate grounds for the processing;
• Require certain of your personal data to be transferred to you or a third party to the extent that I collected the data directly from you; and
• Lodge a complaint with the relevant data protection authority.

If you wish to exercise any of these rights, or if you have any questions about this notice or how I treat your personal data, you can contact me:

• By email: contact@derainsgharavi.com
• By post:
  
  Derains & Gharavi
  25, rue Balzac
  75008 Paris
  France

Please note that if you are an employee of, nominated or engaged by, or otherwise affiliated with, a party to a Dispute Resolution Proceeding in which the firm acts as a legal counsel, the firm suggests that you raise your concerns with that party first before contacting it regarding the processing of your personal data in the context of Dispute Resolution Proceedings.

Date: 1 July 2020