Just In: IBA Updates 2024 Guidelines On Conflicts Of Interest In International Arbitration

The IBA Guidelines on Conflict of Interest in International Arbitration are the leading global soft law instrument to help parties, counsel, arbitrators, institutions and courts deal with important conflicts questions in the interests of safeguarding impartiality and independence of arbitrators. Among other things, these principles provide important guidance on identifying, assessing and disclosing possible conflicts of interests through a "traffic light" system, which provides examples of situations that may or may not constitute conflicts of interest and the level of disclosure required in each situation.

Originally established in 2004 and updated in 2014, the non-binding Guidelines received a refresh in 2024 following broad public consultation. This most recent update expands the "Orange List," which are situations that may give rise to a conflict in the eyes of the parties depending on the circumstances and, if so, must therefore be disclosed.