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Flore Poloni comments in Global Arbitration Review on the IBA’s new Guidelines on Conflicts of Interest in International Arbitration

By Flore Poloni

The International Bar Association recently published its new Guidelines on Conflicts of Interest in International Arbitration. Arbitration Partner Flore Poloni provides her insight to Global Arbitration Review.

Flore’s comments were published in Global Arbitration Review, 5 March 2024, here. A copy of the IBA’s Guidelines on Conflicts of Interest in International Arbitration may be found here.

Flore Poloni commented:

“The revised IBA guidelines on conflicts of interest clearly tackle the evolution of arbitral practice over the past ten years with the appropriate amount of modernization. Feedback from cases and decisions from courts around the world have clearly been taken into account in the draft to tackle what was perceived as the new requirements to handle issues of potential conflicts of interest ahead of any challenges and thereby safeguarding the arbitral process.

There are numerous additions of note that would require in-depth commentary but it can be stressed that guidance is provided as additional relationships between arbitrators, or arbitrators and counsel, are included in the orange list, especially when sitting together in the same tribunals (“An arbitrator and counsel for one of the parties currently serve together as arbitrators in another arbitration” – at 3.2.12 or “an arbitrator and their fellow arbitrator(s) currently serve together as arbitrators in another arbitration” – at 3.2.13).

Public broadcast of opinions by an arbitrator were already included in the orange list – it is only normal that social media has been included as one of the platforms to place under scrutiny in such situations.

What is to be considered a law firm and the revelations that this entails is also developed with significantly more detail. Certainly something that our barrister colleagues will wish to further comment on.”

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