In contrast to domestic judicial settings, where counsel adhere to a single set of clearly defined rules governing acceptable ethical conduct, for counsel in international arbitration, the situation is less straightforward. The conduct of party representatives in international arbitration may be governed by a variety of diverse and potentially conflicting rules and norms, and it […]
IBA Rules
2024 IBA Guidelines on Conflicts of Interest in International Arbitration
In February 2024, the International Bar Association (the “IBA”) released the most recent version of the IBA Guidelines on Conflicts of Interest in International Arbitration (the “2024 IBA Guidelines”). The new 2024 IBA Guidelines introduce several notable updates to the previous 2014 version of the Guidelines.[1] Conflicts of interest are important. An undisclosed conflict of […]
Admissibility of Illegally Obtained Evidence in International Arbitration
Factual evidence plays the key role in international arbitration, as in all dispute resolution. It is generally accepted that a claim or defence of a party needs to be supported by evidence. However, a question arises about the admissibility of illegally obtained evidence in international arbitration. How do arbitral tribunals approach this issue? Evidence in […]
IBA Rules and Guidelines Regarding International Arbitration: An Overview
The International Bar Association (“IBA”) has published several rules and guidelines relating to international arbitration which are designed to streamline the arbitral procedure and facilitate the use of international arbitration as an alternative means of dispute resolution. In principle, the IBA rules and guidelines are not legal provisions and thus do not override any applicable […]
Revised 2020 IBA Rules on Taking Evidence in International Arbitration
On 17 December 2020, the International Bar Association (“IBA”) adopted a revised third edition of its Rules on the Taking of Evidence in International Arbitration (the “2020 IBA Rules”), which supersede the 2010 version currently in force (the “2010 IBA Rules”). Unless otherwise agreed, the 2020 IBA Rules will apply to all arbitrations in which […]
Witness Statements in International Arbitration
It is common to use witness statements in international arbitration. The witness can typically be any person including officers, representatives or employees of the party for which he/she is to provide testimony.[1] The reasons to use witnesses in international arbitration are multiple: to reinforce evidence already presented in support of a party’s claim(s), to “fill” […]
Cybersecurity in International Arbitration
Cyberattacks in today’s digital world are becoming increasingly common and international arbitration has not remained unaffected. To the contrary, international arbitration can be highly susceptible to cyberattacks. This is explained by its very nature and underlying principles, namely privacy, confidentiality, procedural flexibility and the involvement of multiple players and sensitive data. In 2015, for instance, […]
The IBA Rules v. The Prague Rules in International Arbitration
The taking of evidence in international arbitration can be a critical step in many international arbitrations. Parties, or the arbitral tribunal, have often made recourse to the International Bar Association Rules on Taking of Evidence in International Arbitration (“IBA Rules”), whether the parties made an express choice for them to apply or not. The IBA […]
