This Practice Note considers the appointment of replacement arbitrators under the Arbitration Act 1996 (AA 1996) and pursuant to certain arbitration rules. In the event that an arbitrator ceases to hold office—giving rise to what is sometimes referred to as a 'casual vacancy'—a replacement arbitrator may or will need to be appointed. For guidance on the circumstances in which an arbitrator may cease to hold office, see Practice Note: Tribunal—resignation, revocation or death of an arbitrator. For guidance on removing an arbitrator under AA 1996, s 24, see Practice Note: AA 1996—applying to remove an arbitrator (s 24). Replacing an arbitrator under the AA 1996 Parties agree a replacement The parties can agree: • whether, and if so how, a vacancy on the tribunal should be filled • whether, and to what extent, the previous proceedings should stand (note: this only applies until the tribunal has been reconstituted) • the effect of the arbitrator ceasing to hold office has on any appointment with which they have been involved (AA 1996, s 27(1)) In an ad hoc arbitration

This Checklist sets out the issues for a principal to consider when appointing a sales and marketing agent to sell and/or market goods or services. It considers preliminary issues, commercial issues, and legal issues that principals may wish to address when drafting and negotiating a sales and marketing agency agreement. It covers commercial agents under the Commercial Agents (Council Directive) Regulations 1993 (the Commercial Agents Regulations), SI 1993/3053 and the appointment of agents that are not commercial agents. For further guidance on appointing a sales and marketing agency, see Practice Note: How to appoint a sales and marketing agent. Preliminary issues Issue Consideration Consider which is the best channel to market for the principal’s products:• agency • distribution • franchise • direct sales Agency:• principal has contractual relationship, and closer business contact, with customer • principal is able to take advantage of the agent's expertise and contacts in the territory • may give rise to taxable presence for principal in the relevant territory • if a commercial agent, the agent will have special rights under

An authority, usually an arbitral institution or organisation (or employee/officer thereof), chosen by the parties and/or under the applicable arbitration rules to appoint an arbitrator(s). The authority may also be called upon to determine any challenges to arbitrators.

In the course of running an occupational pension scheme, scheme trustees may choose to appoint an investment consultant and/or a fiduciary manager. Unlike ‘fund managers’, investment consultants and fiduciary managers are not treated as ‘professional advisers’ under pensions legislation. For further information on requirements relating to the appointment of professional advisers, see Practice Note: Appointing pension professional advisers and other service providers. Development of regulatory framework Following a reference from the Financial Conduct Authority (FCA), the Competition and Markets Authority (CMA) carried out an investigation into investment consultancy services (IC services) and fiduciary management services (FM services) to pension schemes, publishing its final report on 12 December 2018. It found that there was a low level of engagement by trustees, a lack of clear and comparable information to assess value for money, with customers being steered by investment consultants towards their own higher-cost FM services, giving them an incumbency advantage. Subsequently, on 10 June 2019, the CMA published the Investment Consultancy and Fiduciary Management Market Investigation Order 2019

Do the requirements for appointing member-nominated trustees (MNTs) or member-nominated directors (MNDs) apply? • Check whether the scheme is a trust-based occupational pension scheme. • Check whether the scheme is exempt. If it is, record process by which that conclusion was reached. Which of the requirements apply: member-nominated trustees (MNTs) or member-nominated directors (MNDs)? • Check whether the trustees are individuals, corporate trustees or both. • If the trustees are individuals or a mixture of individuals and corporate trustees, the MNT requirements apply. • If the trustee is a sole corporate trustee or the trustees are all corporate trustees, the MND requirements apply. • Where a company is trustee of more than one scheme to which the MND requirements apply, decide whether the requirements apply to it separately for each scheme, as if the schemes were a single scheme or a mixture of both. The requirements • Ensure at least one-third of the trustees are MNTs or one-third of the directors are MNDs (as appropriate). If the scheme rules require more than one-third,

THIS PRACTICE NOTE APPLIES TO OCCUPATIONAL PENSION SCHEMES Considerations when appointing scheme advisers and service providers Running a pension scheme can, at times, be a demanding and complex task for trustees. There is much legislation and regulation to understand and abide by, decisions to make and formalities to complete. As a result, many pension scheme trustees formally appoint a panel of professionals to assist them to run the pension scheme correctly and in accordance with all applicable laws and regulations. Legislation provides for the appointment of certain advisers known as ‘professional advisers’. These professional advisers, which are explored below, include: • the scheme auditor • the scheme actuary • the fund manager • the custodian • the legal adviser In fact, under section 47 of the Pensions Act 1995 (PA 1995), schemes are legally obliged to appoint an auditor and, where defined benefits or collective money purchase benefits are provided, an actuary. Pension schemes may also appoint other service providers to help them run the scheme, such as scheme administrators, investment consultants

Produced in association with 4 Pump Court This Practice Note looks at the issues that a referring party will need to consider when seeking the appointment of an adjudicator, such as the timetable, whether an adjudicator is specified or appointed by an adjudicator nominating body (ANB), requirements for a particular adjudicator, and restrictions on or attempts to exclude certain persons from adjudicating the dispute. Finally, guidance for corresponding with the adjudicator is provided. In relation to an adjudicator’s ability to resign and/or for a referring party to terminate their appointment, see Practice Notes: Resignation by the adjudicator and Abandoning or ending an adjudication early. Introduction Once the Notice of Adjudication has been served, the referring party will need to seek the appointment of an adjudicator in a timely manner. This is because the adjudicator must be appointed and the Referral Notice served on them within seven days after the Notice of Adjudication (where the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996) applies). Where the HGCRA 1996 does not apply, a different period may be specified in the

The agreement entered into between a consultant and employer specifying the services to be performed by the consultant and the legal rights and obligations of both parties. A consultant may be appointed by deed, contracts under hand or by letter. A consultant’s appointment may be based on an industry standard form of appointment or be a bespoke document.

ARCHIVED: This Practice Note has been archived and is no longer maintained. For information on FCA investigations, see Practice Notes: FCA enforcement essentials—investigations, FCA and PRA search and seizure powers and dawn raids and Offences during an FCA investigation. The Financial Conduct Authority (FCA) has a wide-ranging brief, which includes the ability to enforce compliance with its rules and competition law in order to meet its strategic and operational objectives. For more information, see Practice Notes: FCA—corporate governance and Financial Conduct authority—functions. The FCA has a range of powers that it can use in this respect. This includes regulatory, disciplinary, civil and criminal enforcement powers. For more information, see: Practice Note: FCA enforcement essentials—investigations—The FCA’s Toolkit. This Practice Note provides an introduction to the FCA’s criminal enforcement investigatory powers. For detailed guidance, consult the FCA and PRA investigations, enforcement and discipline—overview. For more information about the FCA's approach to investigating firms and individuals, see the following Practice Notes: • FCA enforcement essentials—investigations—Appointment of investigators under FSMA 2000 • Steps in FCA enforcement

The UK Corporate Governance Code (UKCG Code) of the Financial Reporting Council (FRC) sets out standards of good governance in relation to board appointments and succession planning. This Practice Note looks at the principles and provisions of the UKCG Code on the appointment of executive and non-executive directors of listed companies, and the key principles to be applied by the nomination committee when selecting and recommending candidates. It also examines related issues such as succession planning, directors' due diligence, induction, training, time commitment and re-election. For details of the law and practice on the appointment of directors generally and the relevant provisions of the Companies Act 2006 (CA 2006), a company’s articles of association and the additional rules applicable to listed companies, see Practice Note: Appointment, retirement and resignation of a director and for a useful illustration setting out the mechanics of appointing directors, see: Appointment of a director—flowchart. UKCG Code provisions on directors' appointments The UKCG Code and the Corporate Governance Code Guidance includes a number of provisions relating

FORTHCOMING CHANGE: The Trusts and Succession (Scotland) Act 2024 received Royal Assent on 30 January 2024, marking the first review of trusts law in Scotland in over 100 years since the principal legislation, the Trusts (Scotland) Act 1921, was passed. The trusts provisions require secondary legislation from Scottish Ministers to be brought into force whereas some provisions relating to succession law came into effect on 30 April 2024. The main changes to modernise the law are summarised in News Analysis: Trusts and Succession (Scotland) Bill passed. Practice Notes on areas of Scottish trusts and succession law will be updated further to reflect this new legislation. Appointment as trustee in Will or deed In practice, trustees are appointed (or nominated) in the relevant or applicable deed of trust. For Will trusts (or mortis causa settlements), the trust deed will be, or will be derived from, the Will of the deceased. Appointment of a trustee requires that nomination be accepted either expressly or impliedly. Trustees nominated in terms of the majority of Scottish

This Checklist provides a succinct analysis of the practical aspects of the role of a tribunal secretary. The scope of the Checklist is to guide legal practitioners on the main points to take into account when selecting and working with a tribunal secretary. The Checklist does not take a view on the appropriateness of appointing a tribunal secretary, which would have to be assessed by the parties and the arbitral tribunal on a case-by-case basis, see Practice Note: Tribunal secretaries in international arbitration—the advantages and disadvantages. The Checklist reflects the legal framework (mainly arbitration rules), case law/jurisprudence, soft law (guidelines and practice notes), professional experience and market practices. Taxonomy Tribunal secretary is an umbrella term for someone assisting an arbitral tribunal (sole arbitrator or a panel) during the arbitration proceedings. There are various terms for the same role: • ‘ad hoc clerk’ (see: CAS Procedural Rules 2023) • ‘administrative assistant’ • ‘administrative secretary’ (see: ICC Note to Parties and Arbitral Tribunals on the Conduct of the Arbitration 2021, SCC Rules 2023) • ‘arbitral assistant’ (see: