IBA Conflict IBA Guidelines on Conflicts of Interest in International Arbitration (2024)
IBA Conflict
IBA Guidelines on Conflicts of Interest in International Arbitration (2024)
3.1 Services for one of the parties or other involvement in the case:
3.1.1 The arbitrator has, within the past three years, served as counsel for one of the parties, or an affiliate of one of the parties, or has previously advised or been consulted by the party, or an affiliate of the party, making the appointment in an unrelated matter, but the arbitrator and the party, or the affiliate of the party, have no ongoing relationship.
3.1.2 The arbitrator has, within the past three years, served as counsel against one of the parties, or an affiliate of one of the parties, in an unrelated matter.
3.1.3 The arbitrator has, within the past three years, been appointed as arbitrator on two or more occasions by one of the parties, or an affiliate of one of the parties.
3.1.4 The arbitrator has, within the past three years, been appointed to assist in mock-trials or hearing preparations on two or more occasions by one of the parties, or an affiliate of one of the parties in unrelated matters.
3.1.5 The arbitrator currently serves, or has served within the past three years, as arbitrator or counsel in another arbitration on a related issue or matter involving one of the parties, or an affiliate of one of the parties.
3.1.6 The arbitrator currently serves, or has acted within the past three years, as an expert for one of the parties, or an affiliate of one of the parties in an unrelated matter.
3.1.7 The arbitrator’s law firm or employer is currently rendering or regularly renders services to one of the parties, or to an affiliate of one of the parties, without creating a significant commercial relationship for the law firm or employer and without the involvement of the arbitrator, and such services do not concern the current dispute.
3.1.8 A law firm or other legal organisation that shares significant fees or other revenues with the arbitrator’s law firm or employer renders services to one of the parties, or an affiliate of one of the parties, before the Arbitral Tribunal.
3.2 Relationship between an arbitrator and another arbitrator or counsel:
3.2.1 The arbitrator and another arbitrator are lawyers in the same law firm or have the same employer.
3.2.2 The arbitrator and another arbitrator, or the counsel for one of the parties, are members of the same barristers’ chambers.
3.2.3 The arbitrator was, within the past three years, a partner of, or otherwise affiliated with, another arbitrator or any of the counsel in the arbitration.
3.2.4 A lawyer in the arbitrator’s law firm is an arbitrator in another dispute on a related issue or matter involving the same party or parties, or an affiliate of one of the parties.
3.2.5 A close family member of the arbitrator is a partner or employee of the law firm representing one of the parties, but is not assisting with the dispute.
3.2.6 A close personal friendship exists between an arbitrator and counsel of a party.
3.2.7 Enmity exists between an arbitrator and counsel appearing in the arbitration.
3.2.8 The arbitrator has, within the past three years, been appointed as arbitrator on more than three occasions by the same counsel, or the same law firm.
3.2.9 The arbitrator has, within the past three years, been appointed as an expert on more than three occasions by the same counsel, or the same law firm.
3.2.10 The arbitrator has, within the past three years, been appointed to assist in mock-trials or hearing preparations on more than three occasions by the same counsel, or the same law firm.
3.2.11 The arbitrator and another arbitrator, or counsel for one of the parties in the arbitration, currently act or have acted together within the past three years as co-counsel.
3.2.12 An arbitrator and counsel for one of the parties currently serve together as arbitrators in another arbitration.
3.2.13 An arbitrator and their fellow arbitrator(s) currently serve together as arbitrators in another arbitration.
3.3 Relationship between arbitrator and party and/or others involved in the arbitration:
3.3.1 The arbitrator’s law firm is currently acting adversely to one of the parties, or an affiliate of one of the parties.
3.3.2 The arbitrator has been associated with an expert, a party, or an affiliate of one of the parties, in a professional capacity, such as a former employee or partner.
3.3.3 A close personal friendship exists between an arbitrator and a manager or director or a member of the supervisory board of: a party; an entity that has a direct economic interest in the award to be rendered in the arbitration; or any person having a controlling influence, such as a controlling shareholder interest, on one of the parties or an affiliate of one of the parties or a witness or expert.
3.3.4 Enmity exists between an arbitrator and a manager or director or a member of the supervisory board of: a party; an entity that has a direct economic interest in the award; or any person having a controlling influence on one of the parties or an affiliate of one of the parties or a witness or expert.
3.3.5 If the arbitrator is a former judge, and has, within the past three years, heard a significant case involving one of the parties, or an affiliate of one of the parties.
3.3.6 The arbitrator is instructing an expert appearing in the arbitration proceedings for another matter where the arbitrator acts as counsel.
3.4 Other circumstances:
3.4.1 The arbitrator holds shares, either directly or indirectly, that by reason of number or denomination constitute a material holding in one of the parties, or an affiliate of one of the parties, this party or affiliate being publicly listed.
3.4.2 The arbitrator has publicly advocated a position on the case, whether in a published paper or speech, through social media or on-line professional networking platforms, or otherwise.
3.4.3 The arbitrator holds an executive or other decision-making position with the administering institution or appointing authority with respect to the dispute and in that position has participated in decisions with respect to the arbitration.
3.4.4 The arbitrator is a manager, director or member of the supervisory board, or has a controlling influence on an affiliate of one of the parties, where the affiliate is not directly involved in the matters in dispute in the arbitration.
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