The Revised IBA Guidelines on Conflicts of Interest in International Arbitration

Abstract

The present article analyzes the recent revision of the International Bar Association Guidelines on Conflicts of Interest in International Arbitration, which were approved by the IBA in late October 2014. First introduced in 2004, the guidelines have become an essential tool relied upon by arbitration practitioners, institutions and courts when assessing questions of impartiality and independence of arbitrators and the extent of disclosure requirements. The goal of this paper is not only to highlight those aspects of the revised guidelines which are new or clarified, but also to provide a comprehensive analysis of the guidelines as a whole. To that end, the authors have identified a number of key topic areas relating to conflicts of interest in arbitration which have been the subject of recurring debate and were also to a considerable extent at the core of the discussion during the revision process. These topic areas serve as a framework to analyze and better comprehend the impact of the various provisions of the guidelines. In particular, the article addresses in detail the following specific subject matters: duties of disclosure and enquiry for arbitrators, administrative secretaries and parties, relationship-based conflicts (including third-party funding), issue conflicts, and waivers of conflicts of interest (including advance waivers).