IBA Updates Guidelines On Conflicts Of Interest In International Arbitration

The International Bar Association (the "IBA") recently published an updated version of the Guidelines on Conflicts of Interest in International Arbitration (the "Guidelines").

The 2024 updates to the Guidelines address an arbitrator's relationship with experts and co-arbitrators, public statements related to cases, failure to disclose conflicts, a party's due diligence obligations, and the interplay between professional secrecy rules and disclosure obligations.

Background: What are the Guidelines?

The Guidelines are a soft law instrument that set out international standards for the impartiality and independence of arbitrators. While they cannot override national law, the Guidelines have become widely used in commercial and investment arbitrations.