The International Bar Association (IBA) publishes Guidelines to provide guidance on challenging issues such as conflicts of interest in international commercial arbitration.
We are grateful to the IBA which has kindly allowed us to publish the IBA Guidelines on Conflicts of Interest in International Arbitration as a resource for parties and their representatives and for arbitral tribunals acting under the NZDRC Arbitration Rules.
When making appointments under the NZDRC Arbitration Rules, NZDRC undertakes to have regard to, but is not bound to apply, the IBA Guidelines on Conflicts of Interest in International Arbitration current at the date of the Notice of Arbitration.
The Guidelines on Conflicts of Interest define the framework by which the impartiality of arbitration in the international arena can be most effectively assured. The publication sets out a series of seven general standards of independence and disclosure to govern the selection, appointment and continuing role of an arbitrator. The most recent version of the Guidelines was adopted by resolution of the IBA Council on Thursday 23 October 2014. This version updates and clarifies the original Guidelines, which were approved by the Council of the IBA on 22 May 2004. The Guidelines are intended for use around the world.
The 2014 Guidelines, in General Standard 6(a) requires an arbitrator, if he/she is a member of a law firm, to “bear the identity” of that law firm, thereby introducing the ability of parties to consider potential conflicts of interest between the respective law firm (despite the fact that the individual arbitrator may not necessarily be conflicted), and the arbitrator’s duties in the arbitration.
This revision reflects the modern reality that many international law firms also accept individual appointments as arbitrators.
The Guidelines explain that this revision does not extend to barristers and their chambers, although disclosure “may be warranted in view of the relationships among barristers, parties or counsel”.
