IBA Guidelines
The International Bar Association (IBA) has published practice rules and guidelines for use in international commercial arbitration. IBA rules and guidelines are not binding but may serve as an important resource for practitioners and arbitrators.
The ACICA Arbitration Rules 2021 and Expedited Arbitration Rules 2021 incorporate reference to the following IBA Rules & Guidelines:
- IBA Rules on the Taking of Evidence in International Arbitration – Article 35.2 of ACICA Arbitration Rules and Article 24.2 of the Expedited Arbitration Rules provide that the Arbitral Tribunal shall have regard to, but is not bound to apply, these guidelines.
- IBA Guidelines on Conflicts of Interest in International Arbitration – Article 12.4 of ACICA Arbitration Rules and Article 9.6 of the Expedited Arbitration Rules provide that ACICA, the Arbitral Tribunal and the parties may have regard to these guidelines for the purposes of making tribunal appointments and when considering challenges to arbitrators.
- IBA Guidelines on Party Representation in International Arbitration – Article 9.2 of the ACICA Arbitration Rules and Article 7.2 of the Expedited Arbitration Rules provide that each party shall use its best endeavours to ensure that its legal representatives comply with these guidelines.
