The IBA Rules and Guidelines on International Arbitration
The International Bar Association (IBA) has established a set of rules and guidelines designed to facilitate dispute resolution through international arbitration. The IBA rules and guidelines are frequently applied to enhance transparency, fairness, and efficiency in arbitration proceedings, promoting equitable and objective dispute resolution among the parties.
The IBA Rules and Guidelines on International Arbitration include:
- IBA Rules on the Taking of Evidence in International Arbitration:
- These rules provide guidance on the procedures for collecting and presenting evidence in international arbitration.
- The objective is to create a structured and consistent approach to evidence-taking, enabling parties and arbitrators to resolve disputes fairly and effectively.
(see detailed rules at https://www.ibanet.org/MediaHandler?id=def0807b-9fec-43ef-b624-f2cb2af7cf7b)
- IBA Guidelines on Conflicts of Interest in International Arbitration:
- These guidelines assist arbitrators in identifying and disclosing potential conflicts of interest to ensure impartiality and independence throughout the arbitration process.
- The guidelines incorporate a “traffic light” classification system that categorizes situations requiring disclosure or not.
(see detailed rules at https://www.ibanet.org/document?id=Guidelines-on-Conflicts-of-Interest-in-International-Arbitration-2024)
- IBA Guidelines on Party Representation in International Arbitration:
- These guidelines set forth rules and standards for the conduct of party representatives in international arbitration.
- The goal is to maintain the integrity and fairness of the dispute resolution process.
(see detailed rules at https://www.ibanet.org/MediaHandler?id=6F0C57D7-E7A0-43AF-B76E-714D9FE74D7F
Encouragement to Apply IBA Rules at VTA:
The Vietnam Traders Arbitration Centre (VTA) encourages parties involved in the resolution of disputes at the VTA to apply the IBA rules and guidelines, particularly the IBA Rules on the Taking of Evidence and the IBA Guidelines on Conflicts of Interest.
Parties participating in arbitration at VTA may choose to adopt the IBA rules as part of their dispute resolution process, fostering a fair and efficient procedure consistent with international commercial arbitration standards.
VTA’s Model Arbitration Clause: “Mọi tranh chấp phát sinh từ hoặc liên quan đến hợp đồng này sẽ được giải quyết bằng trọng tài tại Trung tâm Trọng tài Thương nhân Việt Nam (VTA) theo Quy tắc tố tụng trọng tài của Trung tâm này”. “Any dispute arising out of or in relation with this contract shall be resolved by arbitration at the Vietnam Traders Arbitration Centre (VTA) in accordance with its Rules of Arbitration”.
The Vietnam Trade Arbitration Center (VTA) is responsible for organizing and coordinating the resolution of business disputes through institutional arbitration, with jurisdiction over disputes including: (i) disputes arising from commercial activities between parties; (ii) disputes involving at least one party engaged in commercial activities; and (iii) disputes as prescribed by law to be resolved by arbitration.