Part X — SETTLEMENT, ARB-MED-ARB, AND INTEGRATED ADR
38.1 Where the parties jointly and expressly so elect in writing, a mediator may subsequently serve as arbitrator in the same dispute (Med-Arb), subject to:
38.1.1 written informed consent of all parties, recorded after full disclosure of the risks and safeguards; 38.1.2 disclosure by the mediator of any circumstance within the Orange or Red Lists of the IBA Guidelines on Conflicts of Interest, 2024, which shall be treated for this purpose as a mandatory disclosure trigger; 38.1.3 a clean break between mediation and arbitration, recorded by procedural order, including a statement that ex parte communications during the mediation phase shall not influence the arbitral determination; 38.1.4 continuing confidentiality of the mediation communications, save as disclosed with written consent.
38.2 Where, in the Tribunal’s or Registrar’s view, the integrity of the arbitration cannot be preserved notwithstanding the safeguards, the Registrar shall decline to confirm the Med-Arb appointment.
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