Derains & Gharavi International

Arbitrator Work

Yves Derains

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

Neutrals

Tribunal Secretaries

Individual Parties/Party’s Authorised Representatives and Legal Counsel

Fact and Expert Witnesses

Other Individuals

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

Individual Parties/Party’s Authorised Representatives and Legal Counsel

Expert and Fact Witnesses

Other Individuals

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:

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:

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:

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