Arbitration in Practice: a close look at the IBA Guidelines on Conflicts of Interest in International Arbitration

Part 2 of a 4-part webinar series presented by the IBA Asia Pacific Arbitration Group, supported by the IBA Arbitration Committee and the IBA Asia Pacific Regional Forum

A foundational principle of international arbitration is that the arbitrators deciding a dispute must not only be but also remain independent and impartial of both the parties and the dispute. However, an arbitrator’s own assessment as to his/her impartiality is likely to be influenced by his/her background and legal training. As a result, disclosure statements were often made on different bases. The Guidelines, in addition to setting out general standards applicable to impartiality, independence and disclosure, also provide direction to arbitrators, parties, institutions and courts as to which situations may constitute a conflict and categorises those situations into four lists – the “Non-Waivable Red List”, the “Waivable Red List”, the “Orange List” and the “Green List”. The speakers will assist the participants in deciphering these colours against the palette of the Guidelines.

Click here to download IBA arbitration rules and guidelines.

Moderator:

• Sae Youn Kim Kim & Chang, Seoul; Co-Chair, IBA Asia Pacific Arbitration Group

Speakers:

• Lillian Chu Tsar & Tsai Law Firm, Taipei
• Colin Ong QC Dr Colin Ong Legal Services, Brunei
• Shaneen Parikh Cyril Amarchand Mangaldas, Mumbai
• Duncan Watson Quinn Emanuel Urquhart & Sullivan, Hong Kong SAR

Commentators:

• Chie Nakahara Nishimura & Asahi, Tokyo
• Jay Patrick Santiago Quisumbing Torres, Manila