Arbitration in Practice: a close look at the IBA Guidelines on Conflicts of Interests in International Arbitration
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
A webinar presented by the IBA Asia Pacific Arbitration Group, supported by the IBA Arbitration Committee and the IBA Asia Pacific Regional Forum
supported by
DATE 3 July 2020
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
Chié Nakahara
Nishimura & Asahi, Tokyo
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