TEKSTI ZA PRAKSO
Comments on IBA Guidelines on Conflicts of Interest in International Arbitration for Slovenian Journal of Arbitration
It is a widely accepted principle of international arbitration that an arbitrator must be independent and impartial (The principle is enshrined in Article 12(2) of the UNCITRAL Model Law on International Commercial Arbitration. Jurisdictions which have not adopted the UNCITRAL Model Law nonetheless reflect a similar standard.). In an international arbitration with arbitrators, parties and counsel from multiple jurisdictions, it is crucial that they all assess and disclose relationships which could call that independence and impartiality into question. But on what basis should that assessment and disclosure be carried out? Where do the parties and arbitrators turn for guidance?