It has been one year since the Arbitration Committee of the International Bar Association (the “IBA”)[1] issued the Site Visit Model Protocol for International Arbitration (the “Site Visit Protocol”).[2] The Site Visit Protocol includes 13 articles and accompanying drafting notes for each of them, designed to facilitate the conduct of site visits in international arbitrations.
The Working Group for the Site Visit Protocol (the “Working Group”) intended this model protocol to lower potential risks of “disputes within disputes”, as site visits have often provoked disagreements between parties regarding their practical implications.[3] The Site Visit Protocol constitutes “a comprehensive set of default clauses based on international best practice”.[4] From the outset, Drafting Note with Article 1 emphasises the importance of discussing and regulating site visits in advance through a Site Visit Protocol in order to ensure that the visit is conducted “in a cost-effective manner, efficiently and without unnecessary disruptions due to misunderstandings.”[5]
An overview of the main provisions of the Site Visit Protocol is presented below.
Article 1 – The Form of the Site Visit Protocol
The Site Visit Protocol can either take the form of (i) a Party agreement; (ii) a procedural order issued by the Arbitral Tribunal; or (iii) a hybrid of the two, where the Party agreement is subsequently ratified by the Arbitral Tribunal and issued as a consent procedural order.[6] Drafting Note with Article 1 indicates that the Site Visit Protocol can serve as a “starting point” or, in the words of one of the members of the Working Group, “a basis for site party discussions.”[7]
Articles 2, 3 and 5.1 – Participants to the Site Visit in View of the Intended Purpose of the Visit
Article 2 indicates which individuals can participate in the site visit. It mentions the parties (claimant and respondent), as well as their legal representatives and legal counsel and their experts. It also mentions the members of the arbitral tribunal.
Article 5 refers, among other things, to the purpose of the visit. From its outset, the Site Visit Protocol explains that such visits can have two purposes: (i) either to provide context for the parties’ dispute or (ii) to serve as evidence. Choosing one of the two will be determinative of the participants of the visit. In the first case, according to the Site Visit Protocol, “the presence of the arbitral tribunal will be paramount, and the process may include walkthroughs with questions and comments” whereas, if the site visit is intended for evidence gathering, the presence of the parties’ respective experts will be essential, “and the process may focus on steps such as inspections, process monitoring, sample collection, or data extraction.”[8]
Article 3 also provides for the possibility of remote participation, again, where appropriate to the purpose of the visit.[9]
The Working Group also noted that in its experience (as in Aceris Law’s), participation of the arbitral tribunal is likely to facilitate an efficient conduct of the visit as it would induce compliance with the Site Visit Protocol.
Other participants may also be necessary during the visit, such as translators, technicians, sampling technicians, etc.[10]
Articles 4 – Time and Date of the Visit
Drafting Note with Article 4 observes that the parties should seek to decide as early as possible whether they wish to conduct a site visit and, if so, when and in which area(s) of the Site. It further indicates that the Site Visit Protocol focuses on site visits that take place while the arbitral proceedings are pending and that “an opportune time” for the visit may be between the first and second round of written submissions, as the parties will already be aware of the key issues in the case but will also have sufficient time to integrate the findings of the visit and present them at the final hearing.[11]
The Working Group also emphasises the importance of extreme weather conditions that the parties should take into consideration when planning the visit[12] as well as the delimitation of the area(s) where the Site Visit should be conducted to prevent any future disagreements.[13]
Article 5.2 to 5.4 – Itinerary and List of Tasks
Articles 5.2 and 5.3 provide that the parties may agree, by separate “Schedule”, on the itinerary and list of tasks within a specified number of days prior to the site visit, while Article 5.4 stipulates that the parties are expected “[a]t the minimum” to list certain tasks in the Site Visit Protocol.
According to the Working Group, this provides the parties with more flexibility in order to tailor the itinerary and lists of tasks to each case at a later date in order to ensure that they are “specific and accurate”.[14]
The Working Group also mentions that, in its experience, it is helpful to start the visit with a meeting between the parties and their respective participants to familiarise them with the plan, the equipment, safety procedures, and any logistical matters.[15]
Finally, paragraphs 3 and 4 of the Drafting Note with Article 5 list a number of tasks that the parties should contemplate in their protocols.
Article 9 – Guiding Principles
Article 9.1 sets out basic guiding principles to ensure a “fair, efficient, and productive conduct” of the site visit. These principles are generally already included in the applicable arbitration rules or the national arbitration law.[16]
Further, Article 9.7 invites the parties to decide whether or not they wish the site visit to remain confidential. The Drafting Note with Article 9 notes that, regardless of the confidentiality of the arbitration (which depends on the parties’ agreement and the applicable law), the Parties may regulate the confidentiality of their site visit inter alia by entering into a separate confidentiality agreement, which could be attached as a schedule to the Site Visit Protocol.[17]
Article 10 – Evidence
According to the Working Group, Article 10 was “drafted to provide model language for the situation where it is agreed or ordered that the site visit and records of the site visit are to become part of the evidentiary record.”[18] The first paragraph of this provision stipulates that communication that is subject to “legal impediment or privilege” between legal counsel and its client during the site visit may be declared inadmissible as evidence. This language was borrowed from the IBA Rules on the Taking of Evidence in International Arbitration and is deliberately broad.[19] Paragraph 2 of this provision ensures that records obtained during the site visit are admissible as evidence. Again, this paragraph indicates that such records must be in compliance with Article 9, paragraph 7 and Article 10, paragraph 1. Here, too, the language is sufficiently broad to include all kinds of records, such as notes, photographs, and videos.
A balance is thereby struck between the purpose of the site visit as set out in Article 5 and a party’s concerns about the evidentiary use of records.[20] The tribunal has the final word on deciding whether all records, including statements and comments made in interviews, shall be admissible as evidence.[21]
Article 12 – Costs
The Site Visit Protocol invites the parties to negotiate and consider which costs should be shared and which shall be borne by each party separately. In practice, shared costs include the following: the cost of advance preparatory work, including third-party and equipment costs, food and drink during the site visit, transport, security and equipment or plant hire. Party-specific costs may include flights, visas and accommodation.[22]
Conclusion
The Site Visit Protocol is a comprehensive set of guidelines to assist parties and tribunals in conducting construction and other highly technical arbitrations. In this respect, it may be regarded as filling a lacuna in the field, especially considering that both the 2020 IBA Rules on the Taking of Evidence in International Arbitration and the 2022 Arbitration Rules of International Centre for Settlement of Investment Disputes (the “ICSID”), expressly grant tribunals the power to carry out visits and inspections,[23] although these remain relatively rare.[24] While it is too early to assess the Protocol’s practical impact, the initiative is a welcome development that should help parties and tribunals approach site visits with greater clarity and preparation.
[1] The IBA was established in 1947, shortly after the creation of the United Nations, with the aim of protecting and advancing the rule of law globally. The organization incorporates bar associations and law societies, as well as individual international lawyers and entire law firms. Its present membership comprises more than 80,000 individual international lawyers and some 190 bar associations and law societies spanning more than 170 countries. The IBA influences the development of international law reform and shapes the future of the legal profession throughout the world: International Bar Association, About the IBA, https://www.ibanet.org/About-the-IBA (last accessed 30 September 2025).
[2] The Protocol was issued on 10 September 2024: International Bar Association, Site Visit Model Protocol for International Arbitration, 10 September 2024, https://www.ibanet.org/Site-Visit-Model-Protocol-for-International-Arbitration (last accessed 30 September 2025).
[3] IBA Arbitration Committee, IBA Site Visit Model Protocol for International Arbitration, 10 September 2024, Foreword; N. Oury, T. Forichon, The International Bar Association’s Site Visit Model Protocol for International Arbitration – An Overview, 31 January 2025, https://www.hsfkramer.com/notes/construction/2025-posts/The-International-Bar-Association-s-(-IBA-)-Model-Protocol-for-Site-Visit—an-Overview- (last accessed 30 September 2025), The Model Protocol.
[4] N. Oury, T. Forichon, The International Bar Association’s Site Visit Model Protocol for International Arbitration – An Overview, 31 January 2025, https://www.hsfkramer.com/notes/construction/2025-posts/The-International-Bar-Association-s-(-IBA-)-Model-Protocol-for-Site-Visit—an-Overview- (last accessed 30 September 2025), The Model Protocol.
[5] IBA Arbitration Committee, IBA Site Visit Model Protocol for International Arbitration, 10 September 2024, Drafting Note with Article 1, General.
[6] IBA Arbitration Committee, IBA Site Visit Model Protocol for International Arbitration, 10 September 2024, Drafting Note with Article 1, Paragraph 1.
[7] M. Porter-Wright, International: IBA Site Visit Model Protocol for International Arbitration published (last accessed 30 September 2025), Importance and purpose of the Model Protocol.
[8] IBA Arbitration Committee, IBA Site Visit Model Protocol for International Arbitration, 10 September 2024, Foreword; see also Drafting Note with Article 2, Paragraph 1.
[9] IBA Arbitration Committee, IBA Site Visit Model Protocol for International Arbitration, 10 September 2024, Drafting Note with Article 3, General.
[10] IBA Arbitration Committee, IBA Site Visit Model Protocol for International Arbitration, 10 September 2024, Drafting Note with Article 2, Paragraph 1.
[11] IBA Arbitration Committee, IBA Site Visit Model Protocol for International Arbitration, 10 September 2024, Drafting Note with Article 4, Paragraph 1.
[12] IBA Arbitration Committee, IBA Site Visit Model Protocol for International Arbitration, 10 September 2024, Drafting Note with Article 4, Paragraph 1.
[13] IBA Arbitration Committee, IBA Site Visit Model Protocol for International Arbitration, 10 September 2024, Drafting Note with Article 4, Paragraphs 1 and 2.
[14] IBA Arbitration Committee, IBA Site Visit Model Protocol for International Arbitration, 10 September 2024, Drafting Note with Article 5, General.
[15] IBA Arbitration Committee, IBA Site Visit Model Protocol for International Arbitration, 10 September 2024, Drafting Note with Article 5, Paragraph 2.
[16] IBA Arbitration Committee, IBA Site Visit Model Protocol for International Arbitration, 10 September 2024, Drafting Note with Article 9, Paragraph 1.
[17] IBA Arbitration Committee, IBA Site Visit Model Protocol for International Arbitration, 10 September 2024, Drafting Note with Article 9, Paragraph 7.
[18] IBA Arbitration Committee, IBA Site Visit Model Protocol for International Arbitration, 10 September 2024, Drafting Note with Article 10, General.
[19] IBA Arbitration Committee, IBA Site Visit Model Protocol for International Arbitration, 10 September 2024, Drafting Note with Article 10, Paragraph 1.
[20] IBA Arbitration Committee, IBA Site Visit Model Protocol for International Arbitration, 10 September 2024, Drafting Note with Article 10, Paragraph 2.
[21] IBA Arbitration Committee, IBA Site Visit Model Protocol for International Arbitration, 10 September 2024, Drafting Note with Article 10, Paragraph 2.
[22] IBA Arbitration Committee, IBA Site Visit Model Protocol for International Arbitration, 10 September 2024, Article 12 and Drafting Note with Article 12.
[23] IBA Rules on the Taking of Evidence in International Arbitration, Article 7 Inspections; ICSID Arbitration Rules, Rule 40 Visits and Inquiries.
[24] N. Oury, T. Forichon, The International Bar Association’s Site Visit Model Protocol for International Arbitration – An Overview, 31 January 2025, https://www.hsfkramer.com/notes/construction/2025-posts/The-International-Bar-Association-s-(-IBA-)-Model-Protocol-for-Site-Visit—an-Overview- (last accessed 30 September 2025), Background.
