Revue - Les Cahiers de l'Arbitrage N°1-2023 - 60

ARTICLES - DEBATES
in five post-award proceedings in front of the Court of Appeal of The Hague. After
all five cases have been rendered in favour of the investors, Russia decided to appeal
all five decisions before the Dutch Supreme Court. Nevertheless, since the Dutch
law firm representing it had resigned, it was unable to find another lawyer willing
to represent it. Russia therefore requested the dean of The Hague Bar, to appoint
a lawyer based on article 13 of the Dutch Act of Advocates. 73
This article sets out
that a party involved in a proceeding requesting mandatory legal representation,
if unable to secure legal representation, may ask the dean to designate a lawyer.
In the case at hand, the dean of The Hague Bar, however, refused to proceed
with such appointment, arguing that Article 13 was not designed to allow legal
representation in cases aimed at protecting a party's economic interests, nor to
replace counsel resigning due to a political conflict and that in any case, this
article was applicable solely to natural persons. The decision of the dean was
subsequently challenged by Russia in front of the Disciplinary Appeals Court. 74
50. The Disciplinary Appeals Court emphasized that access to courts is a
principle of crucial importance under Dutch law. It further stated that Article
13 applies to foreign powers and is not limited to natural persons, and that EU
sanctions did not apply to the case at hand, where legal assistance was mandatory.
The Court also referenced the decision of the dean of the Amsterdam Bar, who
accepted to appoint lawyers to represent the Russian Federation in pending
proceedings. Consequently, the Disciplinary Appeals Court requested the dean of
the Hague Bar to make the necessary appointments, the Court itself being unable
to proceed to such appointment itself, this being an exclusive competence of the
dean of The Hague Bar. 75
51. The question is whether the Dutch precedent will be followed by other
jurisdictions. A screening of the rules applicable to the legal profession may provide
an indication. The main arbitration seats may soon have to resolve such cases.
3.4 Challenge against the 8th
Sanctions Package - the pending case
in front of the General Court of the CJEU
52. The prohibition on legal services provoked strong reactions, with lawyers
from the Brussels and Paris bar seeking the annulment of the provision at the CJEU. 76
Two cases were filed, one on 26 December 2022 by the Dutch Bar Association
of Brussels, and one on 28 December 2022 by the Paris Bar Association. These
two cases were allocated the numbers of T-797/22 77
and T-798/22. 78
The two
73. Advocatenwet van 18 december 2019, Stb. 2020, 2. For the English version of the law
on the legal profession, available in English
accessed 15 February 2023.
74. Cosmo Sanderson, 'Russia wins appeal over Dutch representation' (GAR, 21 September 2022)
accessed
15 February 2023.
75. Hof Van Discipline (n 72).
76. Salomé Lemasson and Ruxandra Murariu-Boatca, 'Salomé Lemasson, Ruxandra MurariuBoatca'
(Rahman Ravelli, 17 January 2023)
accessed 15 February 2023.
77. Ordre néerlandais des avocats du barreau de Bruxelles e.a. / Conseil (T-797/22).
78. Ordre des avocats à la cour de Paris et Couturier / Conseil (T-798/22).
58
The Paris Journal of International Arbitration 2023‑1

https://www.ccbe.eu/fileadmin/speciality_distribution/public/documents/National_Regulations/National_Laws_on_the_Bars/EN_The-Netherlands_Act-on-Advocates.pdf https://www.ccbe.eu/fileadmin/speciality_distribution/public/documents/National_Regulations/National_Laws_on_the_Bars/EN_The-Netherlands_Act-on-Advocates.pdf https://www.ccbe.eu/fileadmin/speciality_distribution/public/documents/National_Regulations/National_Laws_on_the_Bars/EN_The-Netherlands_Act-on-Advocates.pdf https://globalarbitrationreview.com/article/russia-wins-appeal-over-dutch-representation https://www.rahmanravelli.co.uk/articles/lawyers-stand-against-eu-8th-sanctions-package-restricting-provision-of-legal-services/ https://www.rahmanravelli.co.uk/articles/lawyers-stand https://www.rahmanravelli.co.uk/articles/lawyers-stand-against-eu-8th-sanctions-package-restricting-provision-of-legal-services/

Revue - Les Cahiers de l'Arbitrage N°1-2023

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