Global Vantage: International Bar Association Arbitration Committee's Model Protocol For effective site visits during proceedings

In September 2024, the International Bar Association Arbitration Committee released a Site Visit Model Protocol (Model Protocol) aimed at providing a set of best practice rules for conducting site visits during international arbitration.

Background

Prepared by a working group comprising a diverse group of contributors, including lawyers, experts and arbitrators, the Model Protocol sets out information on arranging and conducting site visits in international arbitration based upon experience and best practice.

The Model Protocol

Comprised of 13 Articles, the Model Protocol aims to assist parties to an international arbitration to undertake a useful, efficient, and cost-effective site visit. The authors have also included accompanying drafting notes which help to provide a frame of reference for why a particular Article has been included and things to think about for parties preparing their own protocol arrangements.

Clearly the authors anticipate that parties will consider the Model Protocol well ahead of any proposed site visit, as most of the Articles are aimed at establishing the various parameters of the site visit before it takes place.

The Model Protocol is a welcome tool in the kitbag for any party involved in international arbitration, whether they be a lawyer, expert, or arbitrator. By putting the focus on the scope of the site visit up-front, parties can have clarity on the overall structure and approach to the site visit and avoid unnecessary surprise or additional disputes, for example when someone wants to do or see a particular thing on site or is denied from doing so.

The Model Protocol is also drafted in such a way that parties can adopt whatever they feel necessary or helpful based on their case and provides an overall framework for tailoring their own protocol arrangements to suit their particular needs. A benefit of the Model Protocol is that it offers parties specific points to consider for future site visits in one place, i.e. so they don't need to start from scratch each time. However, whether it will be widely selected and used by parties (or even ordered by arbitral tribunals on proceedings) is yet to be seen.