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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

Rules and guidelines


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

Rules on the Taking of Evidence in International Arbitration (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.

Additional translations will be added here at a later date.

Select a language to download the Rules     

Rules on the Taking of Evidence in International Arbitration (2010)

On 29 May 2010, the International Bar Association adopted the new IBA Rules on the Taking of Evidence in International Arbitration, which supersede those of 1999. This version of the rules was superseded in 2020. These rules will 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.

Select a language to download these Guidelines     

Guidelines on Conflicts of Interest in International Arbitration (2014)

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 these Guidelines     

Guidelines for Drafting International Arbitration Clauses (2010)

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 these Guidelines     

 

These documents are available in various languages. The documents are frequently reviewed and updates occur at appropriate intervals to reflect necessary changes.

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

From the Co-Chairs - Arbitration Committee, November 2021

We are pleased to share with you this Special Issue focused on Africa. The Edition features a total of 14 articles, written by some of the most prominent practitioners from and/or practicing on the African Continent, on topics that are at the forefront of the legal profession in Africa today.

Released on Nov 24, 2021

Editors' Note - Arbitration Committee, November 2021

Arbitration in Africa has grown exponentially over the last decade. Many African countries are now parties to the New York Convention, and many more have embraced arbitration as a viable form of dispute resolution. There is also an increasing number of arbitration disputes arising from the continent because of the significant foreign investments made in Africa. This edition of the newsletter is an ode to, and acknowledgement of, the remarkable contributions that Africa-related disputes are making to the growth of arbitration.

Released on Nov 24, 2021

Commercial disputes under AfCFTA area: the case for regional African arbitral centres

This article argues for the use of arbitration before identified regional arbitration centres in Africa, for the resolution of intra-African private commercial cross-border disputes that will arise from the implementation of the African Continental Free Trade Area (AfCFTA)

Released on Nov 24, 2021

Trade and foreign direct investment stimulus in Africa: impacts on dispute resolution

The recently enacted African Continental Free Trade Area agreement (AfCFTA) promises to boost economic recovery on the African continent by establishing a large-scale trade and investment single market encompassing nearly all African countries. AfCFTA’s Investment Protocol remains under discussion and is expected to modernise investment protections available to foreign investors operating in Africa by providing a more balanced set of applicable rules.

Released on Nov 24, 2021

English Court of Appeal rules that Privinvest can go to arbitration over ‘hidden debt scandal’ bribery allegations: clarifies test for stay of proceedings for arbitration

The Court of Appeal, in favour of five companies within the Privinvest Group and against the Republic of Mozambique, has overturned the decision of the Commercial Court in the litigation arising out the ‘hidden debt’ scandal. It ruled that, where parties have entered into an arbitration agreement, their disputes falling within the arbitration agreement should not be decided in the courts, regardless of nature and including connected allegations of bribery. The decision is important to advisers and companies involved in international arbitration and litigation

Released on Nov 24, 2021

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

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