국제중재에서 이해충돌에 관한 2024년 개정 IBA 지침에 관한 연구 = A Study on the 2024 IBA Guidelines on Conflicts of Interest in International Arbitration

다국어 초록 (Multilingual Abstract)

This study examines the 2024 IBA Guidelines on Conflicts of Interest in International Arbitration by comparing them with the 2014 Guidelines. Building on the 2014 framework of General Standards and the color lists, the 2024 revision responds to developments in arbitral practice by refining the management of conflicts of interest.
The analysis focuses on the key structural updates reflected in General Standards 1–7 and the revised Red/Orange/Green Lists, including expanded treatment of party-equivalent entities, disclosure and waiver timelines, and the allocation of responsibilities among arbitrators, parties, and arbitral institutions. It also considers how the revised IBA framework aligns with, and may inform, institutional practice under major arbitration regimes (including ICC, LCIA, SIAC, and ICSID), and how far it functions as a de facto interpretive standard despite its formally non-binding character.
Based on these comparisons, the study highlights the practical significance of the 2024 Guidelines as a conflict-of-interest benchmark and outlines implications for domestic rulemaking and conflict management in Korea, and the treatment of arbitral secretaries under the Korean Arbitration Act and KCAB International Rules. The findings aim to provide a structured reference point for legislators, institutions, and practitioners seeking to align Korean arbitration practice with evolving global standards on arbitrator independence and impartiality.