Conofin:g

From Wikirules
Jump to: navigation, search


PART II: Practical Application of the General Standards >>
<< 6. Relationships
IBA Guidelines on Conflicts of Interest in International Arbitration (2004)


Related legal documents
Art. UNCITRAL Arbitration Rules (2010)
Art. UNCITRAL Arbitration Rules (1976)
Russian legislation
Art. Law on international commercial arbitration
Art. Law on the court of arbitrations in the Russian Federation
other

(a) A party shall inform an arbitrator, the Arbitral Tribunal, the other parties and the arbitration institution or other appointing authority (if any) about any direct or indirect relationship between it (or another company of the same group of companies) and the arbitrator. The party shall do so on its own initiative before the beginning of the proceeding or as soon as it becomes aware of such relationship.

(b) In order to comply with General Standard 7(a), a party shall provide any information already available to it and shall perform a reasonable search of publicly available information.

(c) An arbitrator is under a duty to make reasonable enquiries to investigate any potential conflict of interest, as well as any facts or circumstances that may cause his or her impartiality or independence to be questioned. Failure to disclose a potential conflict is not excused by lack of knowledge if the arbitrator makes no reasonable attempt to investigate.


Contents

Explanation of the Working Group to General Standard 7:

To reduce the risk of abuse by unmeritorious challenge of an arbitrator’s impartiality or independence, it is necessary that the parties disclose any relevant relationship with the arbitrator. In addition, any party or potential party to an arbitration is, at the outset, required to make a reasonable effort to ascertain and to disclose publicly available information that, applying the general standard, might affect the arbitrator’s impartiality and independence. It is the arbitrator or putative arbitrator’s obligation to make similar enquiries and to disclose any information that may cause his or her impartiality or independence to be called into question.



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


Case law

Arbitration practice

International Arbitration resources

Articles, publications, sources

External links

International Bar Association

The American Arbitration Association

The International Chamber of Commerce

PART II: Practical Application of the General Standards >>
<< 6. Relationships
IBA Guidelines on Conflicts of Interest in International Arbitration (2004)