Empowering Fairness in Arbitration: Insights from the Latest IBA Guidelines on Conflicts of Interest in International Arbitration

In the intricate web of international arbitration, the cornerstone of a fair and just process lies in the selection of an impartial Arbitral Tribunal. To ensure the integrity of this crucial aspect, the arbitration community has long relied on the International Bar Association (IBA) Guidelines on Conflicts of Interest in International Arbitration. These guidelines serve as a compass for assessing arbitrators' declarations of independence and impartiality, crucial in safeguarding the integrity of arbitration decisions.

The Guidelines include a list of situations, classified depending on the potential severity of the conflict, that could lead to challenging the appointment of an arbitrator. In a recent development, the IBA Guidelines have undergone a significant update in February 2024. This revision marks a proactive response to emerging challenges in the arbitration landscape, addressing novel circumstances that could potentially compromise the independence and impartiality of arbitrators. Notably, these updates now encompass scenarios such as arbitrators' relationships with third-party funders and their engagements on social media platforms discussing pertinent issues relevant to ongoing disputes.

The modernization of the IBA Guidelines addresses the concerns of many arbitration users about situations that, in recent years, have evolved to the point of being considered possible threats to the independence and impartiality of arbitrators.

At Dentons Central America, our Arbitration and Dispute Resolution team remains at the forefront of these advancements, ensuring that our clients benefit from the latest international arbitration standards. We understand the importance of staying abreast of evolving regulations and guidelines, thereby offering tailored advice that aligns with the unique requirements of your business.

With a commitment to excellence and a deep understanding of the IBA Guidelines, we stand ready to guide you through the intricacies of arbitration proceedings, connecting you with top-tier arbitrators who uphold the highest standards of integrity and professionalism. Trust Dentons to navigate your arbitration journey with precision and expertise, providing the strategic counsel necessary to achieve optimal outcomes.

For legal advice on Conflicts of Interest in International Arbitration, please do not hesitate to contact us. We will be delighted to help and guide you every step of the way.