Arbitration

Committee Overview

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

The Committee also has four subcommittees relating to: the recognition and enforcement of arbitral awards; investment treaty arbitration; conflicts of interest; and the IBA Rules of Evidence.

Additionally, the Arbitration Committee works with the following Committees to form the Dispute Resolution Section:

Consumer Litigation

Litigation

Mediation

Negligence and Damages

IBA Guidelines and Rules

IBA Guidelines on Conflicts of Interest in International Arbitration

The Arbitration Committee recently published its Guidelines on Conflicts of Interest in International Arbitration.

In spring 2002, the Committee formed a Working Group for the purpose of looking at issues relating to conflict of interests 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 immediate use around the world. Detailed Background Information to the Guidelines was published in the September 2004 issue of Business Law International.

Download the Chinese translation of the Guidelines here:

Download the Japanese translation of the Guidelines here:

Download the Spanish translation of the Guidelines here:

Download the Polish translation of the Guidelines here:

Download the Portuguese translation of the Guidelines here:

View the press release 'IBA Receives Top Award for ADR Innovation'

View article by Judith Gill entitled ‘The IBA Conflicts Guidelines – Who’s Using them and How?’

IBA Rules on the Taking of Evidence in International Commercial Arbitration

The Committee has also made a significant contribution to the world of international arbitration through another publication, the IBA Rules on the Taking of Evidence in International Commercial Arbitration. These Rules, were adopted by the IBA Council on 1 June 1999. They provide mechanisms for the presentation of documents, witnesses, expert witnesses, and inspections, as well as the conduct of evidentiary hearings. Designed to promote efficient and economical procedures, the Rules are intended to be a resource for parties and arbitrators, to be used in whole or in part or adapted for the particular circumstances of each case.

Download the Spanish translation of the rules here:

View an article published in International Bar News titled Commentary on the New IBA Rules of Evidence in International Commercial Arbitration.

Committee Conferences

Arbitration and the Judiciary Conference
17-18 April 2008 Caracas, Venezuela

View all past Arbitration conferences

Committee Publications

The Arbitration Committee produces two newsletters per year.

Committee Members can access the latest issue of the newsletter.

For further details of all IBA publications including books, journals, newsletters, conference papers and free guides and materials go to the publications homepage.

Members

Gain access to the IBA Member's Directory

Links

Bar Associations and Law Societies
State Bar of Texas Alternative Dispute Resolution System

General
New York Stock Exchange

International

Legal
ADR Resources
American Arbitration Association
Belgian Centre for Arbitration and Mediation
Board of Arbitration of the Central Chamber of Commerce Finland
British Columbia International Commercial Arbitration Centre
Centre for Dispute Resolution (CEDR)
Centro de Arbitraje, Camaro de Comerico de Caracas
Chartered Institute of Arbitrators (Europe)
Chartered Institute of Arbitrators (London)
City Disputes Panel, London
CPR - Georgetown Commission on Ethics and Standards in ADR
Danish Institute of Arbitration
French Commission on Arbitration
German Institution for Arbitration (DIS)
Heiros Gamos Guide to Alternative Dispute Resolution
Hong Kong International Arbitration Centre
International ADR
International Commercial Arbitration: Resources in Print and Electronic Format
Japan Commercial Arbitration Association (JCAA)
Lebanese Review of Arab and International Arbitration
London Court of International Arbitration (LCIA)
Mediation Information and Resource Centre
National Association of Securities Dealers (NASD)
Singapore International Arbitration Centre
Stockholm Arbitration Report
Swiss Arbitration Association
TMC Asser Institute - International Commercial Arbitration
World Intellectual Property Organisation Arbitration and Mediation Centre