- CAJAC
- SADC Alliance
- BRICS
Soft law instruments, while not binding, provide valuable guidance to practitioners and help shape consistent and fair practices in international arbitration. Some key instruments include:
The International Bar Association (IBA) Rules on the Taking of Evidence in International Arbitration offers a framework for the evidentiary process in arbitration, balancing elements from civil and common law traditions. These rules cover document production, witness testimony and expert evidence, promoting efficiency and fairness by providing clarity and predictability to evidence related issues.
The IBA Guidelines on Conflicts of Interest establish best practices for identifying and handling conflicts of interest and provide guidelines for disclosure in the face of doubts regarding impartiality and independence. The Guidelines include a detailed list of situations that may give rise to conflicts, offering guidance to arbitrators and parties on avoiding situations that may impact the credibility and fairness of the process. The circumstances which might give rise to a conflict of interest are classified into a Non-Waivable Red List, Waivable Red List, Orange List and Green List.
The Remote Hearing Protocol can be adopted by the parties for use in remote and hybrid-remote hearings. The purpose of the Protocol is to provide guidance to parties on the efficient conduct of remote and remote-hybrid hearings in respect of arbitrations administered by AFSA to ensure fairness amongst the participating parties.
This International Council for Commercial Arbitration (ICCA) Project provides guidance on establishing initial procedural orders in arbitration, based on international best practice. Procedural Order No. 1 is typically the first order issued by a tribunal and outlines key procedural elements such as timelines, evidence submission, and communication protocols.
The Mauritius Convention on Transparency is an international instrument developed by UNCITRAL to promote transparency in investor-State arbitrations conducted under the UNCITRAL Arbitration Rules. Formally known as the United Nations Convention on Transparency in Treaty-based Investor-State Arbitration, it allows parties to adopt the UNCITRAL Transparency Rules, which require the publication of key documents, open hearings and disclosure of third-party involvement. This convention applies to investor- State arbitrations under treaties that were concluded before the Transparency Rules came into effect, with the consent of the parties.
These Notes help parties structure proceedings, covering matters like confidentiality, procedural steps, and language.
The Guidelines set standards on the conduct of party representatives, addressing issues of fairness and integrity.
The IBA Guidelines provide recommendations to parties drafting arbitration agreements, covering choice of law, arbitration institution, and procedural rules.