LexisNexis

Co-Chair
Valeria Galindez

Co-Chair
Samaa Haridi

Arbitration Committee

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.

About the Committee

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, the opportunity to read and write IBA publications and discounts on conferences and webinars. You can also get involved with the work of the Committee.

Forthcoming conferences and webinars View All Conferences

The Common Heritage of the International Arbitration Community: An IBA Arb 40 Competition for the Most Meaningful Personal Stories

To apply please visit this page

Rules and guidelines


The IBA publishes a number of documents providing guidance for practitioners in different areas. In arbitration, these consist of:

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.

The Rules have been translated into a number of languages.

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Bar Association adopted the revised IBA Rules on the Taking of Evidence in International Arbitration, which superseded those of 1999. This version of the rules was superseded in 2020.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 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”.

 

Select a language to download the Guidelines     

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     

Do you have any questions or comments about these documents? Email us at editor@int-bar.org

Procedural timetable no 1 – topped and tailed: improved case management

The first panel session at the 23rd Annual IBA Arbitration Day discussed the need for more robust case management by arbitral tribunals.

Released on Jun 13, 2022

Quantum Academy: training and certification on assessing damages

The second panel of the 23rd Annual IBA Arbitration Day enlightened the audience with a dynamic and captivating discussion about quantification of damages in international arbitration. According to the session chair, the matter is of ‘paramount importance in virtually every commercial and investment arbitration’ but is frequently overlooked.

Released on Jun 13, 2022

Rethinking the justification for preparation and presentation of witness testimony

The third panel of the 23rd Annual IBA Arbitration Day covered witness testimony. Witness testimony now dominates most arbitration hearings. Its preparation and presentation has become a lengthy and expensive exercise, with often extensive and heavily lawyered witness statements that require correspondingly extensive cross-examination in order to assess and (frequently) unpack the evidence being adduced. International arbitral tribunals have become increasingly sceptical about the value of this process.

Released on Jun 13, 2022

Promoting diversity and inclusion through procedural rules and institutional reforms

The fourth panel of the 23rd Annual IBA Arbitration Day dealt with a subject of utmost relevance: fostering diversity in international arbitration and the means to promote inclusion through procedural rules and institutional reforms.

Released on Jun 13, 2022

Projects, reports and resolutions

IBA Toolkit on Insolvency and Arbitration (March 2021)

The Arbitration Committee's Insolvency and Arbitration Group has produced the IBA Toolkit on Insolvency and Arbitration to provide guidance to parties, counsel and arbitrators in situations where a party to arbitration is also subject to insolvency proceedings. The Toolkit consists of three parts:

  • National Reports from 19 countries, discussing the legal approach to the intersection of arbitration and insolvency in their jurisdiction.
  • An Explanatory Memorandum, providing a detailed explanation of the relevant concepts discussed in the National Reports and how they may impact domestic and international arbitrations.
  • A Checklist on Insolvency and Arbitration, serving as a tool to arbitrators, counsel and parties in identifying issues relevant to the intersection of arbitration and insolvency and providing a framework for considering their resolution.

Download the IBA Toolkit on Insolvency and Arbitration, and the national reports here


ICCA-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.

Download consultation draftDownload consultation annexes

Country-by-country guides to arbitration

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.

View the guides

Validity of arbitral awards - country reports

The IBA regularly conducts practical studies intended to provide assistance to users of international arbitration. This country-by-country study is no exception. It is intended to be a valuable tool for assisting arbitral tribunals to draft a valid and enforceable award under the New York Convention, based on the local requirements of the lex arbitri.

View the guides

Non-signatories – country reports

This country-by-country study, by the Subcommittee on Recognition and Enforcement of Arbitral Awards of the IBA Arbitration Committee, focuses on the often debated issue of non-signatories in international arbitration and addresses. For example, the circumstances in which a non-signatory can be compelled to arbitrate, and related enforcement questions.

View the guides

Technology Resources for Arbitration Practitioners (March 2019)

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.

View project web pages

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 Investment Treaty Arbitration Subcommittee. 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. 

Read the report

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 tabular-based report analyses 13 jurisdictions.

Read the report

Subcommittees and other groups

The Arbitration Committee also coordinates the activities of the following subcommittees/working groups.

  • Arbitration Committee Advisory Board
  • Asia Pacific Arbitration Group
  • ESG Subcommittee
  • IBA Arb40 Subcommittee
  • IBA Arbitration Guidelines and Rules Subcommittee
  • International Commercial Arbitration Case Law Subcommittee
  • Investment Arbitration Subcommittee
  • Recognition and Enforcement of Arbitral Awards Subcommittee

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.

Listen to the podcast