SUDAN Law and Practice Contributed by: Omer Ali Abdelrahman, Omer Ali Law Firm
13.3 Third-Party Funding In Sudan, there are no specific rules or restrictions on third-party funding. As regards counsel, the authors have seen that the Advocacy Act 1983 prohibits the legal fee from being agreed as a percentage or part of the disputed right or related to the outcome of the case. 13.4 Consolidation The Arbitration Act is silent regarding consolidation of separate arbitration proceedings. However, in theory, it can be argued that consolidation should be possible if the parties so agree and no third-party’s interest is affected as a result. 13.5 Binding of Third Parties There is no provision in Sudanese law as to third parties being bound by an arbitration agreement or award, or for the courts to bind foreign third parties.
Under the Sudanese Labour Act 1997, a dispute between an employer and all or a group of its employ - ees (ie, collective agreement) shall be referred to arbi - tration if such dispute could not be resolved through negotiation or conciliation. This is a special arbitration regime for which the Labour Act 1997 sets specific rules. 13.2 Ethical Codes There are no specific ethical codes or other profes - sional standards applicable to arbitrators, other than the general rules in the Arbitration Act regarding impartiality, independence and duty of disclosure of interest. As regards counsel, the Advocacy Act 1983 sets certain rules, including: • to exert maximum effort for the client’s interest; • to be bound by the rule of confidentiality; • to not provide legal service to the client’s oppo - nent; • to not buy the disputed rights directly or indirectly; • that the fees not be a percentage or part of the disputed right or the outcome of the case; and • return of documents, files and property to the client upon termination of the engagement.
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