Revised IFLA Rules and application Form ARB1 published

On 23 March 2015 IFLA released revised Rules and Form ARB1, and those latest versions are now available on this site.

The only rule-change of substance relates to article 4.3 and offers extended selection options for nominating an arbitrator. IFLA can now be asked to make a random selection from amongst a group of prospective arbitrators selected by parties who are unable for whatever reason to fix on just one name. It remains however possible for parties to agree upon their selected arbitrator and to insert details in the Form; or to opt to invite IFLA to make the selection from amongst the general list of qualified arbitrators listed on its website. Form ARB1 has been adjusted to reflect this new option.

The Rules now provide:

4.3.1 The parties may agree to nominate a particular arbitrator from the Panel; and may, if they are agreed, approach a particular arbitrator directly. Any arbitrator directly approached must refer the approach to IFLA before accepting appointment in order to facilitate the completion of Form ARB1 before the arbitration commences. IFLA will offer the appointment to the agreed arbitrator. If the appointment is not accepted by their first choice of arbitrator the parties may, if they agree, make a second or subsequent choice. Otherwise, it will be offered to another member of the Panel chosen by IFLA in accordance with paragraph 4.3.3 below.

4.3.2 Alternatively, the parties may agree on a shortlist of arbitrators from the Panel any one of whom would be acceptable to them, and may ask IFLA to select one of the arbitrators on the shortlist without reference to any criteria. In this case, IFLA will offer the appointment to one of the shortlisted arbitrators chosen at random. If the appointment is not accepted by the first choice of arbitrator, IFLA will offer the appointment to a second or subsequent shortlisted arbitrator, similarly chosen at random. If none of the shortlisted arbitrators accepts the appointment, IFLA will inform the parties and invite them to submit further agreed names.

4.3.3 In all other cases (including if so requested by the parties) IFLA will offer the appointment to a sole arbitrator from the Panel whom it considers appropriate having regard to the nature of the dispute; any preferences expressed by the parties as to the qualifications, areas of experience, expertise or other attributes of the arbitrator; any preference expressed by the parties as to the geographical location of the arbitration; and any other relevant circumstances.