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. Become a member of the Committee to benefit from networking opportunities, discounts on conferences and the opportunity to write for IBA publications. You can also get involved with the work of the Committee, which is detailed further below.
During 2024, the Arbitration Committee has published several new or updated reports, guidelines and other documents that will be useful to practitioners, including:
Guidelines on Taking of Evidence in International Arbitration, plus multiple translations and an accompanying commentary on the Guidelines
Insolvency and Arbitration Toolkit; Report on Insolvency and Arbitration
Site Visit Model Protocol
Report on Uniform Guidelines on Privilege
Validity of Arbitral Awards – country reports
Arbitral Awards and Non-Signatories – country reports
Country-by-country guides to arbitration
See further down this page for more information on these projects.
From Aspirant to Arbitrator! Part I: How to get that first appointment
22 Jan 2025 1600 -
1730 GMT
Webinar
26th Annual IBA Arbitration Day
03 Apr - 04 Apr 2025
London
,
England
Rules and guidelines
The IBA publishes a number of documents providing guidance for practitioners in different areas. In arbitration, these consist of:
2024
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 approved by the IBA Council in May 2024. This version updates the 2014 version of the Guidelines. The Guidelines are intended for use around the world.
This 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 the Guidelines
2020
On 17 December 2020, the International Bar Association adopted the revised IBA Rules on the Taking of Evidence in International Arbitration, which supersede those of 1999 and 2010. In the absence of contrary indication, the revised rules will apply to all arbitrations in which the parties agree to apply the IBA Rules after 17 December 2020, whether as part of new arbitration agreements or in determining the rules of procedure in a pending or future arbitration.
Click below to select a language to download the Rules (2020):
Commentary on the Rules (2020): Click below to select a language to download
On 29 May 2010, the International Bar Association adopted the revised IBA Rules on the Taking of Evidence in International Arbitration, which superseded those of 1999. This version of the rules was superseded in 2020. These rules apply to all arbitrations in which the parties agree to apply the IBA Rules after 29 May 2010 and before 17 December 2020, whether as part of new arbitration agreements or in determining the rules of procedure in a pending or future arbitration.
Click below to select a language to download the Rules (2010):
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 the 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 the Guidelines
International arbitrators should be impartial, independent, competent, diligent and discreet. These rules seek to establish the manner in which these abstract qualities may be assessed in practice. Rather than rigid rules, they reflect internationally ·acceptable guidelines developed by practising lawyers from all continents. They will attain their objectives only if they are applied in good faith.
This protocol for site visits has been prepared by an IBA Arbitration Committee Working Group to assist parties in discussing and organising their site visit, and sets out the Working Group’s understanding of best international practice for the conduct of site visits
This Toolkit, prepared by the Insolvency and Arbitration Working Group, provides guidance to parties, counsel and arbitrators in situations where a party to arbitration proceedings is also subject to insolvency proceedings in one or more jurisdictions. First published in 2021 and updated in 2024.
This Report provides the first comprehensive treatment of the intersection between insolvency and investment arbitration, covering specific issues of jurisdiction, standing, attribution, merit, damages, causation and procedure.
This report sets forth the Arbitration Committee Privilege Task Force's conclusions as to whether uniform guidelines on privilege are desirable and possible for various categories of privilege, and the proposed next steps.
Through country-by-country questionnaires, this guide identifies the requirements of national laws which, if not carefully considered, may put an arbitral award in danger of either setting aside or non-enforcement under the New York Convention. A number of new country reports have been added for 2024.
These country-specific reports focus on the often debated issue of non-signatories in international arbitration and address circumstances in which arbitration can be compelled or an award can be enforced against a non-signatory. A number of new country reports have been added for 2024.
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. Many guides have been updated for 2024.
In preparing this report, the ESG Subcommittee of the IBA Arbitration Committee, with the assistance of the IBA Business Human Rights Committee, set out to establish what role arbitration may have to play in the resolution of contractual ESG disputes.
The Arbitration Committee and the International Council for Commercial Arbitration (ICCA) have joined forces in drafting this checklist for promoting DEI in international arbitration conferences. The goal in proposing this checklist is to ensure that panellists and delegates at international arbitration conferences come from diverse backgrounds and that participation is inclusive.
The pandemic prevented the international arbitration community from sharing personal stories and highlighted the importance of not only finding alternative means to sustain exchanges of experiences, but also of preserving, and learning from, the collective legacy developed by the arbitration community to date.
This Report of the IBA Investment Arbitration Subcommittee examines the mechanisms and strategies available to the parties to calibrate the time, effort, and financial resources mobilised and invested to arbitrate small value investment claims in a manner that is commensurate with the sums at stake.
CCA-IBA Joint Task Force on Data Protection in International Arbitration (March 2020)
The ICCA-IBA Joint Task Force on Data Protection in International Arbitration is pleased to announce the release of the consultation draft of its Roadmap to Data Protection in International Arbitration for public comment.
The IBA Arb 40 Subcommittee has compiled a list of tech-based resources that can be used to augment or assist an international arbitration, with a view to making modern-day technology more accessible to arbitration practitioners. It includes resources for virtual arbitrations.
This report, produced by the IBA Investment Treaty Arbitration Subcommittee, examines the current state of investment treaty arbitration, and seeks to address criticisms identified by investor-state arbitration users. Based on the findings of a 2014/15 survey, the report proposes potential solutions to the problems discussed, with the goal of affirming the overall legitimacy of investment treaty arbitration.
There is a perception that arbitral tribunals, driven by concerns of annulment based on due process objections, often allow a party to succeed in procedural applications that should be denied. This tabular-based report analyses annulment decisions across 13 jurisdictions to examine their approach to due process challenges.
The toolkit is intended to provide guidance on arbitral award writing to those in early stages of their practice as arbitrator, and includes a set of tools from which to draw guidance and inspiration for award writing.
We are delighted to welcome you to this special edition of the IBA Arbitration Committee newsletter, which celebrates 25 years of Annual IBA Arbitration Days.
this edition contains ten articles from co-chairs of past IBA Arbitration Days and offers their reflections on the evolution of international arbitration through the lens of the events that they chaired. The articles traverse the dynamism of our field and the continued relevance of the discussions that have taken place during IBA Arbitration Days. We have also included a link to a short video featuring twelve of the former chairs and co-chairs that was shared with the arbitral community at the 25th Annual IBA Arbitration Day in Singapore.
This video, which was prepared for the 25th Annual IBA Arbitration Day in Singapore on 23 February 2024, celebrates the quarter of a century that the Arbitration Day has been held. David Rivkin and Wolfgang Kühn, co-chairs of the first Arbitration Day in 1997, together with ten other chairs and co-chairs from the event’s history, reflect on the diverse topics covered in previous editions, consider the impact that the Arbitration Day has had on the development of arbitration across the world, and share their ambitions for its future.
What is a deliberation? Should it be structured or otherwise regulated? Should there be transparency in the tribunal’s deliberative process? Can there be a good award without a well-structured and organized deliberation? Should there be a status of the dissent? This article addresses how the 2013 IBA 16th Arbitration Day debated these fascinating issues which still are at the core of the most fundamental stakes of modern international arbitration.
Released on
Sep 12, 2024
Subcommittees and other groups
The Arbitration Committee also coordinates the activities of the following subcommittees/working groups.
This Subcommittee was established for younger arbitrators aged 40 or below and reflects the aim of engaging more actively with the younger members of the arbitration community. It is led by a Steering Committee focused on thought leadership for the next generation of arbitration practitioners. Through this thought leadership the IBA Arb 40 Steering Committee has produced a series of reports and is actively involved in organising workshops and symposia for younger arbitration practitioners. The Steering Committee is co-chaired by Juan Felipe Merizalde and Agnès Bizard. More information about its work can be found here.
IBA Arbitration Guidelines and Rules Subcommittee
The IBA Arbitration Guidelines and Rules Subcommittee promotes and monitors the use of the various IBA Guidelines and Rules, and considers revisions and/or additions to them. The current co-chairs are Erica Stein and Emmanuel Jacomy. The Guidelines and Rules Committee is currently spearheading two projects: (i) possible revisions to the 2014 Guidelines on Conflicts of Interest in International Arbitration; and (ii) a study regarding the possibility of uniform guidelines on privilege as set forth in Article 9(b) of the 2020 IBA Rules on the Taking of Evidence in International Arbitration.
In-House Counsel Group
International Commercial Arbitration Case Law Subcommittee
The International Commercial Arbitration Case Law Committee collects international commercial arbitration decisions and periodically publishes reports about international arbitration case law on substantive legal issues of importance to the international arbitration community. It is chaired by Felipe Ossa and Thomas Voisin.
Investment Arbitration Subcommittee
The Investment Arbitration Subcommittee focuses on the study and promotion of investment treaty arbitration. It is currently chaired by Maxi Scherer and Caline Mouawad. The Subcommittee conducts various studies and publishes reports, including most recently the IBA Report on Small Value Claims in Investment Arbitration, published in October 2022
Latin American Arbitration Group
Recognition and Enforcement of Arbitral Awards Subcommittee
The Subcommittee on Recognition and Enforcement of Arbitral Awards which addresses issues arising under the 1958 New York Convention on Recognition and Enforcement of Foreign Arbitral Awards. The Subcommittee publishes two country-by-country studies, one on the validity of arbitral awards based on the local requirements of the lex arbitri (here), as well as another on the local requirements for extending arbitration clauses and enforcing arbitration awards against non-signatories (here). The Subcommittee is co-chaired by Zelda Hunter and Thomas Stouten.
Videos and podcasts
Podcast: Due process paranoia in arbitration
Due process paranoia is a concern that arbitrators’ aggressive procedural decisions will result in unenforceable awards. The condition can lead to inactivity and increased costs, but is it justified? Arbitration Committee Co-Chair Philippe Pinsolle of Quinn Emanuel discusses the IBA report The Annulment of Arbitral Awards by State Court, and Emmanuel Jacomy dispels misconceptions about the setting aside of awards in China. Committee officer Angeline Welsh introduces the podcast and gives the perspective from England and Wales.
If you are a member of the Arbitration Committee, for additional networking opportunities, programs, interviews with fellow members and tips all exclusive to members, join our LinkedIn page at: https://www.linkedin.com/groups/9399146/.
