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Co-Chair
Xavier
Favre-Bulle
Co-Chair
Valeria Galindez
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, which is detailed further below.
Forthcoming conferences and webinars View All Conferences
Mediating M&A disputes: saving relationships, time and costs
04 Oct 2023 1300 - 1400 BST
Webinar
Arb40 Symposium - international arbitration endangered
29 Oct 2023
Paris , France
When arbitration meets crime
31 Jan - 02 Feb 2024
São Paulo , Brazil
25th Annual IBA Arbitration Day: 25 years together and now? Building the arbitration model for tomorrow
22 Feb - 23 Feb 2024
Singapore
IBA Annual Conference Mexico City 2024
15 Sep - 20 Sep 2024
Mexico City , Mexico
Workshop on the IBA Rules on the Taking of Evidence in International Arbitration
This workshop is taking place on 18 September 2023 3 pm – 6.30 pm.
To register, please apply by 15 September 2023. Speakers include: Rafal Morek, Cosmin Vasile, Audrey Panov, Sorina Olaru and many more.
For more information click here.
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
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.
- If you have any comments on the rules and guidelines, please email editor@int-bar.org
- Get the IBA Arbitration app on the App Store or Google Play
Projects and Reports
The Common Heritage of the International Arbitration Community: An IBA Arb 40 Competition for the Most Meaningful Personal Stories (Aug 2023)
The pandemic that prevented the international arbitration community from sharing personal stories have 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 community to date.
View the pageArbitrating Small Value Claims in Investment Arbitration
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.
Visit the pageIBA 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.
View the toolkit National RapporteursValidity of arbitral awards - country reports (2021)
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.
See all reportsArbitration Awards and Non-Signatories - country-by-country (2021)
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.
Visit pageCCA-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 draft Download annexesCountry-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 guidesTechnology Resources for Arbitration Practitioners
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.
Visit the pageConsistency, efficiency and transparency in investment treaty arbitration (Nov 2018)
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.
View the reportsAnnulment 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 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.
View the reportToolkit for Award Writing (June 2016)
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.
View the page- Compendium of arbitration practice – IBA Arb40 Subcommittee October 2017
- IBA soft law products - Subcommittee on Arbitration Guidelines and Rules (Sept 2016)
- Report on the concept of 'Arbitrability' - Subcommittee on Recognition and Enforcement of Arbitral Awards (Sept 2016)
- Report on Subcommittee Investment Treaty Arbitration survey - Subcommittee on Investment Treaty Arbitration (May 2016)
- Report on the Public Policy Exception - Subcommittee on Recognition and Enforcement of Arbitral Awards (Oct 2015)
Subcommittees and other groups
The Arbitration Committee also coordinates the activities of the following subcommittees/working groups.
- Asia Pacific Arbitration Group
The Asia-Pacific Arbitration Group seeks to explore and deepen the connections of the IBA Arbitration Committee throughout the dynamic Asia-Pacific region. By collaborating with local institutions and practitioners, including through cooperation with the Asia-Pacific Forum, the Group seeks to strengthen the IBA Arbitration Committee’s role and expand awareness of the Committee’s work in the region. The group is chaired by Huawei Sun and Kent Phillips.
- Eastern European Arbitration Group
- IBA Arb40 Subcommittee
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.
- 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
- 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.
Listen to the podcast