IBA Ethics IBA Rules of Ethics for International Arbitrators (1987)
IBA Ethics
IBA Rules of Ethics for International Arbitrators (1987)
4.1 A prospective arbitrator should disclose all facts or circumstances that may give rise to justifiable doubts as to his impartiality or independence. Failure to make such disclosure creates an appearance of bias, and may of itself be a ground for disqualification even though the non-disclosed facts or circumstances would not of themselves justify disqualification.
4.2 A prospective arbitrator should disclose:
a) any past or present business relationship, whether direct or indirect as illustrated in Article 3.3, including prior appointment as arbitrator, with any party to the dispute, or any representative of a party, or any person known to be a potentially important witness in the arbitration. With regard to present relationships, the duty of disclosure applies irrespective of their magnitude, but with regard to past relationships only if they were of more than a trivial nature in relation to the arbitrator's professional or business affairs. Non-disclosure of an indirect relationship unknown to a prospective arbitrator will not be a ground for disqualification unless it could have been ascertained by making reasonable enquiries;
b) the nature and duration of any substantial social relationships with any party or any person known to be likely to be an important witness in the arbitration;
c) the nature of any previous relationship with any fellow arbitrator (including prior joint service as an arbitrator);
d) the extent of any prior knowledge he may have of the dispute;
e) the extent of any commitments which may affect his availability to perform his duties as arbitrator as may be reasonably anticipated.
4.3 The duty of disclosure continues throughout the arbitral proceedings as regards new facts or circumstances.
4.4 Disclosure should be made in writing and communicated to all parties and arbitrators. When an arbitrator has been appointed, any previous disclosure made to the parties should be communicated to the other arbitrators.
Imported: