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IBA Conflict IBA Guidelines on Conflicts of Interest in International Arbitration
ZivilrechtZivilprozessrecht
Schiedsverfahrensrecht
2.1 Relationship of the arbitrator to the dispute
2.1.1 The arbitrator has given legal advice, or provided an expert opinion, on the dispute to a party or an affiliate of one of the parties.
2.1.2 The arbitrator had a prior involvement in the dispute.
2.2 Arbitrator’s direct or indirect interest in the dispute
2.2.1 The arbitrator holds shares, either directly or indirectly, in one of the parties, or an affiliate of one of the parties, this party or an affiliate being privately held.
2.2.2 A close family member3 of the arbitrator has a significant financial interest in the outcome of the dispute.
2.2.3 The arbitrator, or a close family member of the arbitrator, has a close relationship with a non-party who may be liable to recourse on the part of the unsuccessful party in the dispute.
2.3 Arbitrator’s relationship with the parties or counsel
2.3.1 The arbitrator currently represents or advises one of the parties, or an affiliate of one of the parties.
2.3.2 The arbitrator currently represents or advises the lawyer or law firm acting as counsel for one of the parties.
2.3.3 The arbitrator is a lawyer in the same law firm as the counsel to one of the parties.
2.3.4 The arbitrator is a manager, director or member of the supervisory board, or has a controlling influence in an affiliate4 of one of the parties, if the affiliate is directly involved in the matters in dispute in the arbitration.
2.3.5 The arbitrator’s law firm had a previous but terminated involvement in the case without the arbitrator being involved himself or herself.
2.3.6 The arbitrator’s law firm currently has a significant commercial relationship with one of the parties, or an affiliate of one of the parties.
2.3.7 The arbitrator regularly advises one of the parties, or an affiliate of one of the parties, but neither the arbitrator nor his or her firm derives a significant financial income therefrom.
2.3.8 The arbitrator has a close family relationship with one of the parties, or with a manager, director or member of the supervisory board, or any person having a controlling influence in one of the parties, or an affiliate of one of the parties, or with a counsel representing a party.
2.3.9 A close family member of the arbitrator has a significant financial or personal interest in one of the parties, or an affiliate of one of the parties.
3 Throughout the Application Lists, the term ‘close family member’ refers to a: spouse, sibling, child, parent or life partner, in addition to any other family member with whom a close relationship exists.
4 Throughout the Application Lists, the term ‘affiliate’ encompasses all companies in a group of companies, including the parent company.
4 Throughout the Application Lists, the term ‘affiliate’ encompasses all companies in a group of companies, including the parent company.
Quelle: IBA
Import: