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IBA Guidelines on Conflicts of Interest in International Arbitration (2004)


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These Guidelines apply equally to tribunal chairs, sole arbitrators and party-appointed arbitrators. These Guidelines do not apply to nonneutral arbitrators, who do not have an obligation to be independent and impartial, as may be permitted by some arbitration rules or national laws.


Contents

Explanation of the Working Group to General Standard 5:

Because each member of an Arbitral Tribunal has an obligation to be impartial and independent, the General Standards should not distinguish among sole arbitrators, party-appointed arbitrators and tribunal chairs. With regard to secretaries of Arbitral Tribunals, the Working Group takes the view that it is the responsibility of the arbitrator to ensure that the secretary is and remains impartial and independent. Some arbitration rules and domestic laws permit partyappointed arbitrators to be non-neutral. When an arbitrator is serving in such a role, these Guidelines should not apply to him or her, since their purpose is to protect impartiality and independence.



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


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6. Relationships >>
<< 4. Waiver by the Parties
IBA Guidelines on Conflicts of Interest in International Arbitration (2004)