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”.
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.
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.
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).
The IBA Rules for Investor-State Mediation were adopted by a resolution of the IBA Council on 04 October 2012. The rules are designed for the mediation of investment-related disputes involving States or State entities, only applying when the mediating parties have both agreed that these rules shall apply. They govern the commencement and conduct of the mediation process, as well as the designation, resignation and role of mediators and co-mediators. Also included in the document are rules protecting the principles of independence and impartiality of mediators, privacy and confidentiality, and settlement or termination of the mediation process.
The 13-page document entitled IBA Anti-Corruption Guidance for Bar Associations: Creating, Developing and Promoting Anti-Corruption Initiatives for the Legal Profession was drafted by the IBA’s Legal Projects Team in conjunction with an expert consultation group comprised of members of the IBA Bar Issues Commission, and the IBA Anti-Corruption Committee.
Read more about the IBA LPT Anti-Corruption Strategy for the Legal Profession
This handbook was written to help IBA Member Bars (and all bar associations) who may be approached by the trade negotiators from their own countries. It provides everything a bar would need to know about:
the substantive provision of the GATS (General Agreement on Trade in Services);
how the GATS' substantive provisions apply in the context of legal services;
what has happened since the adoption of the GATS and its relevance to legal services;
where the debates have occurred with respect to legal services (and to give you a flavour of the disagreements); and
the developments that IBA Member Bars might be asked to respond to.
The handbook has been prepared and compiled by Professor Laurel Terry, and the International Trade in Legal Services Committee of the IBA's Bar Issues Commission. Read more on the ITILS projects page.
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Task Force Reports
Presidential Task Force on Climate Change Justice and Human Rights
Global climate change is a defining challenge of our time. Dramatic alterations to the planet’s climate system are already affecting the world’s inhabitants and its natural environment.
This wide-ranging and comprehensive report from the IBA Presidential Task Force on Climate Change Justice and Human Rights identifies problems and gaps in existing legal, human rights, trade and other institutional arrangements. It contains a series of new ideas and recommendations to governments and world institutions, such as the World Trade Organization, human rights bodies, international development financing agencies, as well as specific law and corporate governance reforms to aid in the prevention and mitigation of climate change impacts and protect the human rights of vulnerable communities.
Read more about the Presidential Task Force
Read more about the report Achieving Justice and Human Rights in an Era of Climate Disruption and browse chapters online
IBAHRI Task Force on Illicit Financial Flows, Poverty and Human Rights
This report addresses global taxation from the novel perspective of human rights law and policy. Based on extensive consultation from diverse perspectives, the expert Task Force offers unique insight into the links between tax abuses, poverty and human rights.
The report analyses the responsibilities and remedies to counter tax abuse and delivers recommendations for states, businesses and the legal profession.
Read more about the IBAHRI Task Force and Tax Abuses, Poverty and Human Rights
Presidential Task Force on the Financial Crisis
This report features an overview of the work of the Task Force from its Chair, Hendrik Haag, as well as updates on regulation from diverse jurisdictions: the US, the UK, Germany, Switzerland, France, Spain, Japan and Russia.
This interim report looks into causes and potential solutions to the problems confronting the world's financial markets and those who depend on the resumption of an efficient and appropriate global market system.
It conveys the preliminary views of the Task Force on legal responses to the crisis, pending the publication of the full Task Force report scheduled for October 2010.
Task Force on International Terrorism
The IBAHRI convened a Task Force, comprising world-famous jurists, in order to analyse the considerable developments in international law and practice.The events of 9/11 set governments and international law-making bodies a number of complex and novel legal challenges in terms of responding to global terrorism whilst protecting people’s fundamental rights and freedoms.
Read more about terrorism and international law
In 2003, a Terrorism Task Force was formed to analyse the challenges posed by international terrorism. The Task Force draw on the expertise of its high-profile members, the input from specialised IBAHRI working groups and information gained during meetings with high-level officials around the world. The report focuses on key areas including: civil liberties and human rights; the use of force as a response to terrorism; preventing the financing of terrorism and international cooperation in criminal justice; and the role of the ICC.
Read more about terrorism and international law
IBA Legal Practice Division Task Force on Extraterritorial Jurisdiction
The Task Force was formed to focus on two important questions:
When should a state be able to regulate persons or conduct occurring outside its territory?
How should overlaps or conflicts of jurisdiction between two or more states be resolved?
The report responds to these questions by laying out the principles governing extraterritoriality, and by providing recommendations for governments, courts, international organisations and businesses on methods for minimising costs and conflicts associated with extraterritorial exercises of jurisdiction. The report focuses in particular on competition and antitrust law, tort law, criminal law, securities law, insolvency law, bribery and corruption.