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Three Reasons Why Standards of Practice in International Arbitration Matter

The ICCA Task Force on Standards of Practice in International Arbitration has recently released the consultation draft of its Guidelines on Standards of Practice in International Arbitration for public comment. The Task Force was created to promote minimum civility standards within the international arbitration community and provide participants in the arbitral process with a set of guidelines on the subject.

Task Force Co-Chairs Guido Santiago Tawil and Abby Cohen Smutny gave the ICCA Bureau three reasons why standards of practice in international arbitration matter.

Civility in legal proceedings promotes the rule of law. The progress of arbitration in this multicultural world will be favored if every participant in it keeps to certain standards of practice. In addition to complying with the principles of good faith, respect and honesty, participants in an international arbitration should discharge their professional duties competently, with diligence and efficiency, and with a view to avoiding unnecessary expenses or delay.

Cooperation between participants is crucial in order to achieve a fair and more effective arbitral process. Cooperation serves the interests of all participants in the arbitral process by enabling a more efficient and less costly process of dispute resolution. Reciprocal cooperation between the Parties and the Arbitral Tribunal has proven to be the most effective manner in which to conduct an arbitration, simplifying the adjudication process and avoiding disruption.

Respect for diversity and cultural differences is essential to the acceptance of arbitration as a legitimate form of international dispute resolution. Participants in international arbitration should be aware of and respect all forms of diversity that exist in the arbitral community. Cultural differences should never excuse disrespectful or discriminatory conduct.

The deadline to submit comments on the consultation draft of the Guidelines on Standards of Practice in International Arbitration is Thursday 15 October 2020. Click here to download the consultation draft, and please submit your comments to the ICCA Bureau via email at bureau@arbitration-icca.org. Your opinion is valued.