IBA Conflict IBA Guidelines on Conflicts of Interest in International Arbitration (2024)
IBA Conflict
IBA Guidelines on Conflicts of Interest in International Arbitration (2024)
(a) A party shall inform an arbitrator, the Arbitral Tribunal, the other parties and the arbitration institution or other appointing authority (if any) of
(i) any relationship, direct or indirect, between the arbitrator and
- the party;
- another company of the same group of companies;
- a person or entity having a controlling influence on the party in the arbitration;
- a person or entity over which a party has a controlling influence; or
- any person or entity with a direct economic interest in, or a duty to indemnify a party for, the award to be rendered in the arbitration; and
(ii) any other person or entity it believes an arbitrator should take into consideration when making disclosures in accordance with General Standard 3.
The party shall do so on its own initiative at the earliest opportunity.
(b) In order to comply with General Standard 7(a), a party shall perform reasonable enquiries and provide all relevant information available to it.
(c) A party shall inform an arbitrator, the Arbitral Tribunal, the other parties and the arbitration institution or other appointing authority (if any) of the identity of its counsel appearing in the arbitration, as well as of any relationship, including membership of the same barristers’ chambers, between its counsel and the arbitrator. The party shall do so on its own initiative at the earliest opportunity, and upon any change in its counsel team.
(d) An arbitrator is under a duty to make reasonable enquiries to identify any conflict of interest, as well as any facts or circumstances that may reasonably give rise to doubts as to the arbitrator’s impartiality or independence. Failure to disclose a conflict is not excused by lack of knowledge if the arbitrator does not perform such reasonable enquiries.
Explanation to General Standard 7:
(a) The parties are required to disclose any relationship with the arbitrator. Disclosure of such relationships should reduce the risk of an unmeritorious challenge of an arbitrator’s impartiality or independence based on information learned after the appointment. The parties’ duty of disclosure of any relationship, direct or indirect, between the arbitrator and the party (and/or another company of the same group of companies, and/or an individual having a controlling influence on the party in the arbitration and/or any legal or natural person over which a party has a controlling influence), extends to relationships with a legal entity or natural person having a direct economic interest in, or a duty to indemnify a party for, the award to be rendered in the arbitration, such as an entity providing funding for the arbitration.
When providing the list of persons or entities the parties believe an arbitrator should take into consideration when making disclosures, the parties are required to explain these persons’ and entities’ relationship to the dispute.
(b) In order to satisfy their duty of disclosure, the parties are required to investigate any relevant information that is reasonably available to them. In addition, any party to an arbitration is required, at the outset and on an ongoing basis during the entirety of the proceedings, to make a reasonable effort to ascertain and to disclose available information that, applying the General Standards, might affect the arbitrator’s impartiality or independence.
(c) Counsel advising on or appearing in the arbitration must be identified by the parties at the earliest opportunity. A party’s duty to disclose the identity of counsel advising on or appearing in the arbitration extends to all members of that party’s counsel team and arises from the outset of the proceedings.
(d) In order to satisfy their duty of disclosure under the Guidelines, arbitrators are required to investigate any relevant information that is reasonably available to them.
Import: