ABSTRACT: The present note address the main issues arising from the recent IBA Guidelines on Party Representation in International Arbitration, as the authors were both co-chairs of the IBA Arbitration Committee, institution that was responsible for this set of rules. Before analyzing each of the specific problems regarding the relation between parties and arbitrators in an international arbitration, the authors introduce the Guidelines background within the IBA Arbitration Committee activities and its application as rule of law. Next, the authors address how the communication and submissions of parties to arbitrators may be handled not to create any conflicts, as with witness and experts, all to protect the party's equality during the procedure. Finally, the article addresses the main remedies to solve these conflicts.
Revista Brasileira de Arbitragem