Open this publication in new window or tab >>2024 (English)In: Liikejuridiikka (Finnish Business Law Journal), ISSN 2342-9542, Vol. 3, p. 37-62Article in journal (Refereed) Published
Abstract [en]
The IBA Guidelines on Conflict of Interest in International Arbitration have undergone the second revision since their issuance in 2004. This article discusses the importance of the IBA Guidelines as a soft law instrument and analyzes the revisions introduced into the newest version of the text published in May 2024. The aim of the article is an assessment of the revisions made in order to answer to the question of where do the revisions bring the IBA Guidelines from a broader, policy point of view. The analysis contains discussion of interesting court decisions, surveys, reports and arbitration rules and laws. The article shows that the IBA Guidelines have not been overhauled. The areas that have been identified by a survey organized by the IBA Arbitration Committee as needing attention have largely been addressed. Importantly, however, the burden on the arbitrator to disclose circumstances that could raise doubts as to the arbitrator’s impartiality or independence has been broadened. Additionally, the parties have to inform about more types of relationships as compared to the 2014 version of the IBA Guidelines. Consequently, the analysis of the amendments reveals that the IBA Guidelines are promoting broader transparency.
Place, publisher, year, edition, pages
Helsinki: , 2024
Keywords
Arbitration, IBA Guidelines, conflicts of interest
National Category
Law
Research subject
Legal Science, specialisation in Procedural Law
Identifiers
urn:nbn:se:su:diva-239450 (URN)
2025-02-122025-02-122025-02-20Bibliographically approved