Practice rules and guidelines
Alternative Dispute Resolution
ARBITRATION
On 17 December 2020, the International Bar Association adopted the revised IBA Rules on the Taking of Evidence in International Arbitration, which supersede those of 1999 and 2010. In the absence of contrary indication, the revised rules will apply to all arbitrations in which the parties agree to apply the IBA Rules after 17 December 2020, whether as part of new arbitration agreements or in determining the rules of procedure in a pending or future arbitration.
Click below to select a language to download the Rules [2020]:
Commentary on the Rules [2020]: Click below to select a language to download
- Comparison of the 2010 and 2020 versions of the Rules
On 29 May 2010, the International Bar Association adopted the revised IBA Rules on the Taking of Evidence in International Arbitration, which superseded those of 1999. This version of the rules was superseded in 2020. These rules apply to all arbitrations in which the parties agree to apply the IBA Rules after 29 May 2010 and before 17 December 2020, whether as part of new arbitration agreements or in determining the rules of procedure in a pending or future arbitration.
Click below to select a language to download the Rules [2010]:
- Commentary on the Rules [2010]
- Commentary on the Russian translation of the Rules [2010]
The Guidelines on Conflicts of Interest represent the most comprehensive work to date defining the framework by which the impartiality of arbitration in the international arena can be most effectively assured. The publication sets out a series of seven general standards of independence and disclosure to govern the selection, appointment and continuing role of an arbitrator. The most recent version of the Guidelines was adopted by resolution of the IBA Council on Thursday 23 October 2014. This version updates and clarifies the original Guidelines, which were approved by the Council of the IBA on 22 May 2004. The Guidelines are intended for use around the world.
A clerical error was detected in paragraph 3.1.5 of the Orange List of the revised IBA Guidelines on Conflicts of Interest in International Arbitration. In paragraph 3.1.5, the expression “on a related issue” [which was part of that paragraph in the 2004 Guidelines and was mistakenly deleted during the review process] has been reestablished so that paragraph 3.1.5 now reads as follows:
“The arbitrator currently serves, or has served within the past three years, as arbitrator in another arbitration on a related issue involving one of the parties, or an affiliate of one of the parties”.
Select a language to download the Guidelines
The IBA Arbitration Committee and its Task Force on Counsel Conduct have produced guidelines for party representation and counsel conduct in international arbitration.
The IBA Guidelines on Party Representation in International Arbitration are inspired by the principle that party representatives should act with integrity and honesty and should not engage in activities designed to produce unnecessary delay or expense, including tactics aimed at obstructing the arbitration proceedings.
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The IBA Guidelines for Drafting International Arbitration Clauses were approved by the IBA Council in October 2010. The Guidelines were developed by a Task Force appointed by the Arbitration Committee and composed of Paul Friedland [chair], Doak Bishop, Karim Hafez, Adriano Jucà, Carole Malinvaud, Sundaresh Menon, Jean-Claude Najar, William [Rusty] Park, Anne-Véronique Schlaepfer, Eduardo Silva Romero, Stephen E Smith, Matthew Weiniger and Damien Nyer [Secretary].
Select a language to download the Guidelines
Mediation
The IBA Rules for Investor-State Mediation were adopted by a resolution of the IBA Council on 04 October 2012. The rules are designed for the mediation of investment-related disputes involving States or State entities, only applying when the mediating parties have both agreed that these rules shall apply. They govern the commencement and conduct of the mediation process, as well as the designation, resignation and role of mediators and co-mediators. Also included in the document are rules protecting the principles of independence and impartiality of mediators, privacy and confidentiality, and settlement or termination of the mediation process.
Select a language to download the Rules
Bar Associations and Law Societies
The 13-page document entitled IBA Anti-Corruption Guidance for Bar Associations: Creating, Developing and Promoting Anti-Corruption Initiatives for the Legal Profession was drafted by the IBA’s Legal Projects Team in conjunction with an expert consultation group comprised of members of the IBA Bar Issues Commission, and the IBA Anti-Corruption Committee.
Read more about the IBA LPRU Anti-Corruption Strategy for the Legal Profession
The Anti-Corruption Guidance for Bar Associations was adopted by the IBA on 25 May 2013. This guidance complements previous IBA Council resolutions in encouraging bar associations across the world to take positive steps to support the legal profession in combating corruption. The purpose of the document is twofold: [i] to educate lawyers on the risks and threats of corruption in their capacity as legal professionals, and [ii] to provide a positive representation of the legal profession and bar associations as a champion of anti-corruption before local and international forums.
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This handbook was written to help IBA Member Bars [and all bar associations] who may be approached by the trade negotiators from their own countries. It provides everything a bar would need to know about:
- the substantive provision of the GATS [General Agreement on Trade in Services];
- how the GATS' substantive provisions apply in the context of legal services;
- what has happened since the adoption of the GATS and its relevance to legal services;
- where the debates have occurred with respect to legal services [and to give you a flavour of the disagreements]; and
- the developments that IBA Member Bars might be asked to respond to.
The handbook has been prepared and compiled by Professor Laurel Terry, and the International Trade in Legal Services Committee of the IBA's Bar Issues Commission.
The IBA Guide for Developing, Implementing and Maintaining a Young Lawyers’ Organisation was adopted on 17 May 2008. Endorsed by the IBA Young Lawyers’ Committee, International Association of Young Lawyers [AIJA] and the ABA Young Lawyers Division, these guidelines address the setting up of young lawyers’ divisions among the local and national bar associations and assist in their development and maintenance.
Select a language to download the Guide