The IBA has released its latest Guidelines on Conflict of Interest in International Arbitration (2024) to reflect changes in the arbitration landscape over the past decade. The new Guidelines include important updates for counsel and parties alike. Notably, the 2024 Guidelines include new guidance regarding an arbitrator’s disclosure obligations when dealing with social media (including LinkedIn), the arbitrator’s obligations when holding an executive or decision-making position within an administering institution and guidance regarding arbitrators that take part in “mock” arbitrations.

The 2024 Guidelines include updates regarding when arbitrators should decline appointment, including when disclosure of a potential conflict of interest could itself create a breach of confidentiality or privacy, in line with the Halliburton decision.  Many other examples have been updated to reflect the growing complexity of interactions between arbitrators, counsels, expert witnesses, and third-party funders.  The new Guidelines also briefly address the arbitrator’s disclosure obligations when dealing with States or State-owned entities.

The new Guidelines are a welcome update for anyone involved in international arbitration and set the tone for how arbitrator disclosures and challenges will be handled for years to come.  Read the new Guidelines at https://www.ibanet.org/document?id=Guidelines-on-Conflicts-of-Interest-in-International-Arbitration-2024

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