What will be immediately apparent is that, other than the sanction of admonishment, most of the remedies will affect the parties as opposed to the representatives themselves. At first glance there would appear to be an asymmetry in respect of who owes the duties under the Guidelines – namely, the party
representatives – and who would suffer the repercussions of any violation of the Guidelines – namely, the parties. However, this is a natural result of the contractual nature of the Guidelines. As stated in the preamble, “The use of the term guidelines rather than rules is intended to highlight their contractual nature.” If it is the parties who agree to the Guidelines, it is for the parties to face the consequences of the Guidelines