TAC Compliance and Restrictions Note
TAC’s general approach to compliance and restrictions in the administration of arbitrations.
1.
Lawful and neutral administration
TAC administers arbitrations only to the extent that they may be administered lawfully, securely, and fairly. The Centre, Tribunals, parties, representatives, funders, payers, and other participants may be affected by mandatory restrictions applicable to them or to the administration.
Review or restriction of a person, payment, asset, or transaction does not, by itself, constitute an admission or determine jurisdiction, sanctions status, ownership, liability, the merits, or relief. Proceedings continue to the extent lawfully and fairly possible.
2.
Information and verification
The Centre may request information or documents reasonably required for compliance and lawful administration, including:
identity, legal status, capacity, and authority information.
ownership and control information where relevant.
information concerning representatives, disclosed third-party funders, and persons making payments.
payment-source information, licences, authorisations, and legal confirmations.
updated information where a material circumstance changes during the arbitration.
Requests are tailored to the circumstances. A party must promptly disclose a known circumstance that may materially affect administration, funding, representation, conduct, relief, performance, or enforcement.
3.
Payments and possible administrative measures
Where necessary or appropriate for compliance or lawful administration, the Centre may:
decline, defer, segregate, or return a payment, or require another lawful payment route.
require a licence, authorisation, replacement funder, replacement payer, or another lawful arrangement.
defer or condition an appointment, confirmation, transmission, access permission, certification, or other administrative step.
restrict participation or platform access to the extent required by applicable law.
suspend, decline, or terminate administration where lawful administration is not reasonably possible.
make a report or disclosure required or permitted by applicable mandatory law.
Where commencement depends on payment, the required amount must be received by the Registry in cleared funds. Initiating a transfer does not establish receipt.
4.
Centre and Tribunal roles
The Centre determines institutional compliance and the lawful administration of the arbitration. After constitution, the Tribunal independently determines procedural and adjudicative consequences, including any stay or timetable adjustment, issue concerning representation or funding, effect on relief or performance, and consequence in the allocation of costs.
An administrative measure of the Centre does not decide the merits and does not bind the Tribunal on sanctions status, illegality, ownership, liability, or relief. Conversely, a Tribunal or Emergency Arbitrator cannot require the Centre to disregard an applicable mandatory restriction or to continue an administration that the Centre has lawfully suspended, declined, or terminated.
5.
Confidentiality, data protection, and external requests
Compliance information is handled subject to the TAC Arbitration Rules, applicable confidentiality obligations, data-protection law, cybersecurity requirements, and any protective measure. The Centre may be unable to disclose details of its compliance assessment where disclosure is prohibited, restricted, or reasonably considered incompatible with legal, regulatory, security, or institutional obligations.
A request for information by a court, regulator, supervisory authority, or another external body is assessed under applicable law and the TAC Arbitration Rules. To the extent permitted, the Centre may comply, decline, contest, limit, redact, condition, or seek a remedy concerning the request.
6.
Continuing cooperation
Parties and participants should respond promptly to compliance requests, keep relevant information current, and use any secure communication method designated by the Registry. Material changes should be notified without delay. TAC may revisit a compliance assessment when new information, a new participant, a new payment, a change of ownership or control, a change of representation or funding, or another material event arises.
This Note should be read together with the TAC Arbitration Rules and any TAC Supplementary Rules expressly agreed by the parties.