Derains & Gharavi International

Data Privacy

Last Updated: 1 July 2020

Purpose of this Privacy Notice

Derains & Gharavi (“the firm”) acts as legal counsel and carries out other activities in relation to disputes or potential disputes that are submitted to arbitration and other dispute resolution mechanisms, both during their pendency and after their conclusion. (“Dispute Resolution Proceedings”).

This Privacy Notice describes how the firm collects and processes personal data in the context of those services and activities.

Dispute Resolution 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 that the parties’ fundamental due process rights, rights to equal treatment and their right to present their case and to be heard are protected.

The firm’s activities as legal counsel during Dispute Resolution Proceedings may require it 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 and legal counsel, witnesses, and other individuals that may be identified or identifiable in any information that is processed during the Dispute Resolution Proceedings.

The firm acts as a controller of personal data for some of its activities as legal counsel. You should be aware that others may also act as data controllers during a Dispute Resolution Proceeding, for example, the parties, their authorised representatives, other legal counsel, the arbitral institution, and Neutrals. When the firm acts as legal counsel, it is responsible for the data processing activities that it undertakes in that function, but not for the activities undertaken by other data controllers acting in the context of Dispute Resolution Proceedings. Their activities are not the subject of this Privacy Notice.

Please note that when, in the context of Dispute Resolution Proceedings, you provide the firm with any personal data relating to individuals with whom the firm has no direct relationship, it is your duty to provide the individuals 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 the Privacy Notice is found under the signature line of the firm’s emails..

If you have any questions about this Privacy Notice, or how the firm treats your personal data in the context of Dispute Resolution Proceedings or 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 does the firm collect and how?

Depending on the circumstances, the firm may obtain the following personal data about you in the context of Dispute Resolution Proceedings in which it acts as legal counsel:

Institutional Representatives

Neutrals

Tribunal Secretaries

Individual Parties/Party’s Authorised and Legal Counsels

Fact and Expert Witnesses

Other Individuals

How does the firm use your personal information and on what legal basis?

In the context of Dispute Resolution Proceedings in which the firm acts as legal counsel, depending on the circumstances, the firm may use your personal data in the following ways and on the legal bases described below:

Neutrals and Tribunal Secretaries

Legal Counsel of other Parties

Expert and Fact Witnesses

Other Individuals

How does the firm share your personal information?

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

Where does the firm 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, the firm makes such transfers in accordance with its legal obligations, for example where the transfers are necessary to establish, exercise or defend legal claims in the context of Dispute Resolution Proceedings, or where there is another lawful basis to do so..

How long does the firm retain your personal information?

The firm 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 the firm processes it.

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 the firm processes about you. These may include the right to:

If you wish to exercise any of these rights, or if you have any questions about this notice or about how the firm treats your personal data, you can contact us as follows:

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