UPC CFI CD Paris, 26 June 2024: Independence of counsellor is a concern of the represented party, not the counterparty
29-06-2024 Print this page
Unfounded objection that representative is not an independent counsellor (Rule 290(2) RoP).
The mere fact that […] also carries out active administrative tasks on behalf of the represented party and that he may be directly interested in the outcome of the case is not decisive in order to consider that the representative is not independent for the purposes of interest here. Possible violation of the obligation of independence can only be asserted by the represented party, not by the counterparty.
Access to two agreements containing business secrets related to granted licenses restricted to Microsoft attorneys and Microsoft directors who have a legitimate need to access these Agreements for the purposes of the current proceedings (Article 58 UPCA, Rule 262A RoP).
