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2. Conflicts of Interest >>
<< Introduction
IBA Guidelines on Conflicts of Interest in International Arbitration (2004)


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Art. UNCITRAL Arbitration Rules (2010)
Art. UNCITRAL Arbitration Rules (1976)
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Art. Law on the court of arbitrations in the Russian Federation
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Every arbitrator shall be impartial and independent of the parties at the time of accepting an appointment to serve and shall remain so during the entire arbitration proceeding until the final award has been rendered or the proceeding has otherwise finally terminated.


Contents

Explanation of the Working Group to General Standard 1:

The Working Group is guided by the fundamental principle in international arbitration that each arbitrator must be impartial and independent of the parties at the time he or she accepts an appointment to act as arbitrator and must remain so during the entire course of the arbitration proceedings. The Working Group considered whether this obligation should extend even during the period that the award may be challenged but has decided against this. The Working Group takes the view that the arbitrator’s duty ends when the Arbitral Tribunal has rendered the final award or the proceedings have otherwise been finally terminated (eg, because of a settlement). If, after setting aside or other proceedings, the dispute is referred back to the same arbitrator, a fresh round of disclosure may be necessary.


Reproduced by kind permission of the International Bar Association, London, UK. © International Bar Association.


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2. Conflicts of Interest >>
<< Introduction
IBA Guidelines on Conflicts of Interest in International Arbitration (2004)