Arbitration projects
IBA Arbitration Committee addresses proposed changes to Brussels Regulation
On 15 June 2009, the Arbitration Committee submitted a paper to the European Commission commenting on key aspects of the Commission’s Report and accompanying Green Paper concerning possible changes to the operation of Council Regulation (EC) No. 44/2001 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (the 'Regulation'). The paper addresses those aspects of the Report and Green Paper regarding the interface between the Regulation and arbitration and in particular the proposed deletion of the arbitration exclusion from the Regulation.
The Arbitration Committee’s paper offers a number of conclusions including:
- there seems to be no compelling reason for deleting the arbitration exclusion; such a deletion would actually adversely affect the effectiveness of arbitration agreements and the circulation of arbitral awards;
- were the Commission nevertheless to propose the deletion of the arbitration exclusion, the Regulation should include specific rules in order to preserve the effectiveness of arbitration agreements and the compatibility of the Regulation with the New York Convention.
The paper goes on to offer a series of suggestions for the Commission’s consideration in the event that the Commission proposes deleting the arbitration exclusion. A copy of the paper is available by clicking here.
The paper was prepared by a Working Group set up by the Arbitration Committee. Alexis Mourre served as the Working Group Chair. The members of the Working Group are listed in the annex to the paper.
We wish to take this opportunity to thank Alexis and the other members of the Working Group for their hard work and excellent contribution, which was completed in the short period of time available for public comment.
Pierre Bienvenu, Ogilvy Renault, Montreal
Guido Santiago Tawil, M&M Bomchil, Buenos Aires
Co-Chairs, IBA Arbitration Committee
IBA Guidelines and Rules
IBA Guidelines on Conflicts of Interest in International Arbitration (2004)
In spring 2002, the committee formed a Working Group for the purpose of examining issues relating to conflicts of interest in international commercial arbitration. A first session was devoted to this project at the IBA conference in Durban where the First Draft of a Joint Report was presented. Another special session was devoted to the Second Draft of the 'IBA Guidelines on Impartiality, Independence and Disclosure in International Commercial Arbitration' at the IBA's 2003 Annual Conference in San Francisco. The Final Draft was approved and adopted by the IBA Council in May 2004 as the 'IBA Guidelines on Conflicts of Interest in International Arbitration'.
The Guidelines 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 Guidelines were approved by the Council of the IBA on 22 May 2004 and are intended for use around the world. They have been translated into various languages (see below), most recently Italian (2009) with the assistance of the Milano Chamber of Arbitration, Professor Chiara Giovannucci Orlandi, the members of the Bocconi University team of the XIV edition of the Willem C Vis International Commercial Arbitration Moot, Professor Luca Radicati di Brozolo and Alexis Mourre. Detailed background information to the Guidelines was published in the September 2004 issue of Business Law International.
A report on the IBA Guidelines on Conflicts of Interest in International Arbitration has been produced and is available to download in draft form. This report examines case law referring to the guidelines, the approach of arbitral institutions and observations regarding the individual standards of the guidelines. It should be viewed as a work in progress and the aim is that future subcommittees will continue monitoring case law and identify areas for possible improvement.
IBA Rules on the Taking of Evidence in International Arbitration (2010)
On 29 May 2010, the International Bar Association adopted the new IBA Rules on the Taking of Evidence in International Arbitration. 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. Read more
- Download the English version of the Rules
- Download the Italian version of the Rules
The IBA would like to acknowledge the work of Luca Radicati di Brozolo, Alexis Mourre, Margherita Magillo, Giovanni Minuto and Francesco Perillo in the translation of these Rules.
- Download the Spanish version of the Rules
The IBA would like to acknowledge the work of Ines de San Martin and Florencia Lebensohn, under the supervision of David Arias and Guido S Tawil, in the translation of these Rules
NB Foreign translations of the 2010 Rules will be available in due course. The links below are to the previous version (1999).
Guidelines for Drafting International Arbitration Clauses
Dear Arbitration Committee members,
As Co-Chairs of the IBA's Arbitration Committee, we are pleased to submit to you, in draft form, the proposed new IBA Guidelines for Drafting International Arbitration Clauses. These 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).
Do not hesitate to contact us if you have any questions.
Guido Tawil Judith Gill, QC
Co-Chair Co-Chair