O papel das Directrizes da IBA sobre conflitos de interesses no âmbito do Tribunal Arbitral do Desporto Português - Iurgium [previously Spain Arbitration Review] View O papel das Directrizes da IBA sobre conflitos de interesses no âmbito do Tribunal Arbitral do Desporto Português by - Iurgium [previously Spain Arbitration Review] O papel das Directrizes da IBA sobre conflitos de interesses no âmbito do Tribunal Arbitral do Desporto Português 2025 54

When addressing the independence and impartiality of arbitrators it is very common to refer to the IBA Guidelines on Conflicts of Interest in International Arbitration. These Guidelines have achieved wide acceptance and provide clarity in a controversial subject matter.

Despite introducing a system of best practices, it is important to emphasize that the Guidelines were mainly designed for international arbitration. As the IBA itself states in the introduction to the latest version of the Guidelines (2024), they must “be applied with robust common sense and without unduly formalistic interpretation”.

That being said, what is their role in what especially concerns sports arbitration? The article addresses this issue within the Portuguese Court of Arbitration for Sport (“TAD”). Established in 2015 and inspired by the Lausanne Court of Arbitration for Sport (CAS), this arbitral tribunal presents some challenges when applying the Guidelines.

Iurgium [previously Spain Arbitration Review]