Projects, Reports and Resolutions
Annulment of arbitral awards by state court: Review of national case law with respect to the conduct of the arbitral process (Oct 2018)
There is a perception by many stakeholders that, for fear of having their award set aside, arbitral tribunals often allow a party to succeed in procedural applications that should be denied. This is sometimes referred to as ‘due process paranoia’, but it is far more fundamental. It is a question of who, in practice, is leading the process: arbitrators or the party that is trying to derail proceedings. This draft tabular-based report analyses 13 jurisdictions.
Consistency, efficiency and transparency in investment treaty arbitration (Nov 2018)
This report examines the current state of investment treaty arbitration, and seeks to address criticisms identified by investor-state arbitration users. It is produced by the IBA Subcommittee on Investment Treaty Arbitration. 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.
Country guides 2018
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. The vast majority of the chapters were updated as of January 2018.
Compendium of arbitration practice – Arb40 Subcommittee (Oct 2017)
Prompted by concerns around costs and efficiency in international arbitration, the aim of this compendium is to bring together, in one place, procedural suggestions for improving or adapting the arbitration process. The IBA Arb40 Subcommittee interviewed leading practitioners in the field to identify practices that could be improved, and to highlight innovative or creative practices that could be shared with other practitioners.
Read the compendium
Toolkit for Award Writing – IBA Arb40 Subcommittee (Sept 2016)
This guide contains advice for the young arbitration practitioner as they approach the drafting of their first awards. It sets out both the legal and practical considerations to be taken into account when drafting an award, not only with a view to the efficient planning of that process, but also to the safeguarding of the award for the purposes of enforcement.
Subcommittee on Arbitration Guidelines and Rules – IBA soft law products (Sept 2016)
This report first outlines the reception of each of the IBA Rules and Guidelines in arbitral practice, case law and legal publications. Subsequently, it provides a comprehensive analysis of the survey results based on which it identifies a series of recommendations for the future.
Report on the concept of ‘Arbitrability’ under the New York Convention (Sept 2016)
The Subcommittee on Recognition and Enforcement of Arbitral Awards conducted in 2015-2016 the second part of its comparative study on the grounds for refusing enforcement of awards under Article V (2) of the New York Convention, covering this year the non-arbitrability exception. For such purpose, the Subcommittee solicited and received reports from Arbitration Committee members reporting jurisdiction by jurisdiction on the treatment of non-arbitrability by national laws and State courts in the context of enforcement of foreign arbitral awards.
Read general and country reports