Overview
In February 2024, the International Bar Association (IBA) released updated Guidelines on Conflicts of Interest in International Arbitration. The 2024 Guidelines replace the 2014 version and introduce stricter standards on arbitrator independence and disclosure. They also expand the scenarios in the Orange List, adding new situations that require disclosure, including prior expert engagements and social media commentary on active disputes.
The 2024 Guidelines also clarify the role of an arbitrator's law firm or employer, emphasizing that organisational structure and mode of practice should be considered when assessing conflicts. A party that fails to object within 30 days of learning of a potential conflict is now deemed to have waived the right to object, and deemed knowledge extends to facts a reasonable inquiry would have revealed.
This insight examines the key changes introduced by the 2024 Guidelines, compares them with the 2014 version, and offers recommendations for arbitrators, counsel, and parties navigating conflict-of-interest challenges.
