Arbitration projects

Subcommittee on Recognition and Enforcement of Arbitral Awards (Oct 2015)

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 - questionnaire (2015)

The IBA Subcommittee on Investment Treaty Arbitration (the Subcommittee) monitors developments and trends in investment treaty arbitration.  Its members include government officials, representatives of arbitral institutions, corporate counsel, arbitrators and arbitration counsel.

Investment treaty arbitration has proliferated in recent years. With its success as a forum for dispute resolution has come criticism, both from users of investment treaty arbitration 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.

To inform the report, the Subcommittee developed a questionnaire to seek information and views informed both by the practical experience of users of the system (eg, States, investors, institutions, and practitioners) and the views of its observers (eg, academics and non-governmental organizations). Although the Subcommittee will eventually prepare a report on reform, the purpose of the survey is to identify potential areas for reform, not to establish prescriptive recommendations. An interim report on the results of the survey will precede the Subcommittee’s final report on investment arbitration reform.

The questionnaire was developed by the Subcommittee with the assistance and input of an advisory group whose membership was drawn from government, academia, civil society, arbitrators and arbitration counsel.  It can be completed in approximately 15 minutes and, unless a user chooses to waive anonymity, all information submitted, including the identity of those responding to the survey, will be treated confidentially.

The questionnaire is now closed for completion (31 July 2015).
 

IBA Arbitration Committee publishes guides to arbitration by country

The Arbitration Committee has prepared a guide to the law and practice of arbitration in more than 50 countries around the world. The material is intended as a high-level practical overview for practitioners and others seeking an introduction to arbitration in particular jurisdictions. Read more

IBA Guidelines and Rules

IBA Guidelines on Conflicts of Interest in International Arbitration (2014)

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 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. The Guidelines are intended for use around the world.

Translations are of previous version - updates to follow.

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 Guidelines on Party Representation in International Arbitration (2013)

The 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 (the ‘Guidelines’) 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. Download guidelines (original English language)

  • Download the Chinese translation of the Guidelines The IBA would like to acknowledge the work of Dingmin (Lear) Liu and Yupeng (Yves P) Hu of WunschArb, and Clarisse von Wunschheim of WunschArb, in translating and reviewing these Guidelines respectively.
  • Download the Polish translation of the Guidelines  The IBA would like to acknowledge the work of Maciej Zachariasiewicz, Dominika Durchowska, Bartosz Krupa, Jakub Powroznik  and Beata Gessel-Koziorowski vel Kalisz in the translation and review of these Guidelines.
  • Download the Portuguese translation of the Guidelines The IBA would like to acknowledge the work of Eduardo Damião Gonçalves and Daniel Aun in the translation and review of these Guidelines respectively.
  • Download the Spanish translation of the Guidelines The IBA would like to acknowledge the work of Gabriela Álvarez Ávila,  Ricardo Gerhard Tuma, Javier Schütte Ricaud, Cecilia Flores Rueda, Carlos J McCadden M, Claus von Wobeser and Montserrat Manzano.
  • Download the Russian translation of the Guidelines The IBA would like to acknowledge the work of Vladimir Khvalei, Tatiana Slipachuk and Ilya Nikiforov in the translation of these Guidelines.
  • Download the Ukrainian translation of the Guidelines The IBA would like to acknowledge the work of Olena Perepelynska, Ihor Siusel and Ksenia Pogruzhalska in the translation of these Guidelines.

 

 

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 Arabic translation of the Rules The IBA would like to acknowledge the work of Essam Al Tamimi, Fatima El Zeini and Jalal El Ahdab in the translation of these Rules.
  • Download the Chinese translation of the Rules   This translation was carried out by CIETAC (Ms Lu Fei of the Secretariat), Peter Thorp, Sun Huawei and Frank Lin under the coordination of Sally Harpole. The IBA and its Arbitration Committee deeply appreciate their excellent collaboration.
  • Download the French translation of the Rules  The IBA would like to acknowledge the work of Alexis Mourre, Pierre Bienvenu and Renée Thériault in the translation of these Rules.
  • Download the German translation of the Rules  The IBA would like to acknowledge the work of Hilmar Raeschke-Kessler, Barbara Raeschke-Kessler, Amy Cohen Kläsener, Richard Kreindler and Alexander Dolgorukow in the translation of these Rules.
  • Download the Greek translation of the Rules  The IBA would like to acknowledge the work of Antonias Dimolitsa and Niki Kerameus in the translation of these Rules.
  • Download the Italian translation 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 Japanese translation of the Rules  The IBA would like to acknowledge the work of the Japan Association of Arbitrators (JAA) in the translation of these Rules.
  • Download the Korean translation of the Rules  This translation was made by Ms Sue Hyun Lim and Ms Yunsoo Shin under the supervision of Kap–You (Kevin) Kim. The IBA and its Arbitration Committee would like to thank all of them for their assistance in the translation of these Rules.
     
  • Download the Persian translation of the Rules  The IBA would like to acknowledge the work of Hassan Parham, and George W Maschke and Hossein Piran in respectively translating, and reviewing these Rules.
  • Download the Polish translation of the Rules  The IBA would like to acknowledge the work of team from Allen&Overy  A Pedzich spk  and Michal Gruca, under the coordination of Lewiatan Court of Arbitration, in the translation of these Rules.
  • Download the Russian translation of the Rules   The IBA would like to acknowledge the work of Vladimir Khvalei and Ilya V Nikiforov, and Richard Chlup and Andrey Panov, in the translation of these Rules.
  • Download the Spanish translation 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.
  • Download the Turkish translation of the Rules  The IBA would like to acknowledge the work of Ziya Akinci, Kerem Canbazoglu and Eren Altay in the translation of these Rules.

 

NB Other foreign-language versions of the 2010 Rules will be posted in due course. 

Guidelines for Drafting International Arbitration Clauses

Dear Arbitration Committee members,

As Co-Chairs of the IBA's Arbitration Committee, we are pleased to present to you the IBA Guidelines for Drafting International Arbitration Clauses, 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).

Guido Tawil
Judith Gill, QC

 

The above guides have been prepared in the English language and translated. In the event of any inconsistency between the English language versions and the translations into any other language, the English language version shall prevail.