Arbitration Committee home

WELCOME TO THE ARBITRATION COMMITTEE

The IBA Arbitration Committee focuses on laws, practice and procedures relating to the arbitration of transnational disputes. Through its conferences, publications and projects, the Committee seeks to share information about international arbitration, promote its use and improve its effectiveness. Find out more via the tabs below and the menu links on the left.

Left: Co-Chairs Anne Veronique Schlaepfer and David Arias   View full officer list


Committee Newsletters

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Arbitration newsletter, September 2015

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Arbitration newsletter, March 2015

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Arbitration newsletter, February 2014

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Arbitration  newsletter, September 2013

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Arbitration newsletter, February 2013

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Arbitration newsletter, September 2012

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The latest issue of Dispute Resolution International is now available to access online for all members of the IBA Dispute Resolution Section.

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About

The IBA Arbitration Committee focuses on laws, practice and procedures relating to the arbitration of transnational disputes. Through its conferences, publications and projects, the Committee seeks to share information about international arbitration, promote its use and improve its effectiveness.

Additionally, the Committee works with the following committees to form the IBA Dispute Resolution Section:

Become a member of the Committee and benefit from networking opportunities, IBA publications and discounts on conferences. You can also get involved with the work of the Committee.

Subcommittees and other groups

The Committee has a number of subcommittees and other groups which concentrate on specific aspects of arbitration or Committee work in order to further the Committee's aims.

 

Subcommittee on Recognition and Enforcement of Arbitral Awards

October 2015: The Subcommittee conducted in 2014-2015 a comparative study on 'public policy' as a defence to the recognition and enforcement of arbitral awards under the New York Convention. For such purpose, the Subcommittee solicited and received reports from Arbitration Committee members reporting jurisdiction by jurisdiction on the treatment of public policy by the domestic courts in the context of enforcement of foreign arbitral awards.

Subcommittee on Investment Treaty Arbitration

The Subcommittee is undertaking an in-depth analysis of the perceived benefits of investor-state dispute settlement (ISDS) and the spectrum of criticisms and concerns voiced regarding ISDS, in order to identify which criticisms and concerns are fact-based and which are not, and to recommend actions for those aspects of ISDS that may benefit from change. The members of the Subcommittee are drawn from governments from both developed and developing countries, arbitral institutions, corporate users and the legal profession.

Subcommittee on IBA Arbitration Guidelines and Rules

The Subcommittee monitors the use or non-use of IBA arbitration soft law products. Toward that end, the Subcommittee has solicited and received volunteers from our Committee’s membership to report jurisdiction by jurisdiction on the reception of IBA soft law products. The objective is to produce a report that will be updated from time to time and may serve as the basis for future revision of such soft law products.

IBA Arb40

The Subcommittee, for young arbitrators, reflects the Arbitration Committee’s aim of engaging more actively with the younger members of the arbitration community. The Subcommittee provides a platform for the younger members of the global arbitration community to meet, exchange ideas and learn from peers and more experienced practitioners.

Africa Arbitration Group

This Group's purpose is to foster participation in our Committee’s work and the conferences of Sub-Saharan African arbitration practitioners.

Asia Pacific Arbitration Group

This Group's objectives are, inter alia, to foster the participation in our Committee’s work and conferences of Asia Pacific arbitration practitioners.

Climate Change Arbitration Group

This Group's objectives are to address the growing area of climate change arbitration.

 

Projects and reports

October 2015: Public policy and recognition and enforcement of arbitral awards 

The Subcommittee conducted in 2014-2015 a comparative study on 'public policy' as a defence to the recognition and enforcement of arbitral awards under the New York Convention. For such purpose, the Subcommittee solicited and received reports from Arbitration Committee members reporting jurisdiction by jurisdiction on the treatment of public policy by the domestic courts in the context of enforcement of foreign arbitral awards.


July 2015 - Investment treaty arbitration questionnaire

NB The deadline for contributing to this questionnaire has now passed. Thanks to all contributors.

The IBA Subcommittee on Investment Treaty Arbitration (the Subcommittee) monitors developments and trends in investment treaty arbitration. With investment treaty arbitration's success as a forum for dispute resolution has come criticism, both from users and observers at large. The Subcommittee considers it timely and appropriate for the IBA to reflect upon this criticism and to examine to what extent the experience to date may warrant reform.

The Subcommittee developed this questionnaire to seek information and views informed both by the practical experience of users of the system and the views of its observers.

2016

19th Annual IBA International Arbitration Day 2016

3–4 March 2016, Shanghai, China

   

     

 

Asia Pacific Arbitration Group Meeting

3 March 2016, Pudong Shangri-La Hotel, East Shanghai

 

Past Committee Conferences

View all IBA conferences

Rules and Guidelines

If you have any comments on the rules and guidelines, please fill in the form at this link

The IBA publishes a number of documents providing guidance for practitioners in different areas.  In arbitration, these consist of:

The Guidelines on Conflicts of Interest represent the most comprehensive work to date defining the framework by which the impartiality of arbitration in the international arena can be most effectively assured. The publication sets out a series of seven general standards of independence and disclosure to govern the selection, appointment and continuing role of an arbitrator. The most recent version of the Guidelines was adopted by resolution of the IBA Council on Thursday 23 October 2014. This version updates and clarifies the original Guidelines, which were approved by the Council of the IBA on 22 May 2004. The Guidelines are intended for use around the world.

A clerical error was detected in paragraph 3.1.5 of the Orange List of the revised IBA Guidelines on Conflicts of Interest in International Arbitration. In paragraph 3.1.5, the expression “on a related issue” (which was part of that paragraph in the 2004 Guidelines and was mistakenly deleted during the review process) has been reestablished so that paragraph 3.1.5 now reads as follows:

“The arbitrator currently serves, or has served within the past three years, as arbitrator in another arbitration on a related issue involving one of the parties, or an affiliate of one of the parties”.


Select a language to download these Guidelines (2014 version for English language; previous version for non-English language - updates to follow)     

The IBA Arbitration Committee and its Task Force on Counsel Conduct have produced guidelines for party representation and counsel conduct in international arbitration.

The IBA Guidelines on Party Representation in International Arbitration are inspired by the principle that party representatives should act with integrity and honesty and should not engage in activities designed to produce unnecessary delay or expense, including tactics aimed at obstructing the arbitration proceedings.

Select a language to download these Guidelines     

On 29 May 2010, the International Bar Association adopted the new IBA Rules on the Taking of Evidence in International Arbitration, which superceed those of 1999. The revised rules will apply to all arbitrations in which the parties agree to apply the IBA Rules after 29 May 2010, whether as part of new arbitration agreements or in determining the rules of procedure in a pending or future arbitration.

Select a language to download these Guidelines     

The IBA Guidelines for Drafting International Arbitration Clauses were approved by the IBA Council in October 2010. The Guidelines were developed by a Task Force appointed by the Arbitration Committee and composed of Paul Friedland (chair), Doak Bishop, Karim Hafez, Adriano Jucà, Carole Malinvaud, Sundaresh Menon, Jean-Claude Najar, William (Rusty) Park, Anne-Véronique Schlaepfer, Eduardo Silva Romero, Stephen E Smith, Matthew Weiniger and Damien Nyer (Secretary).

Select a language to download these Guidelines     

 

These documents are available in various languages. The documents are frequently reviewed and updates occur at appropriate intervals to reflect necessary changes.

Do you have any questions or comments about these documents? Fill in this form and let us know.