The CIAC Disability Group is a technical advisory body created to promote the full inclusion of persons with disabilities in the arbitration services of the Inter-American Commercial Arbitration Commission and its member centers. Its work includes: developing policies and guidelines (such as this one), designing and disseminating standards for physical, communicational, and technological accessibility, training staff and arbitrators, advising tribunals and centers on accommodation requests, coordinating partnerships with specialized organizations, and monitoring the implementation of inclusive measures.
Group objective
To ensure that persons with disabilities have equal access to and participation in arbitration proceedings by promoting reasonable accommodations, universal design, training of service agents, and harmonization of practices in accordance with the Convention on the Rights of Persons with Disabilities and international standards.
Guide for the Effective Inclusion of Persons with Disabilities in Arbitration Services
The guide provides a practical and regulatory framework for translating the principle of equality into concrete actions within arbitration: it standardizes procedures for receiving and evaluating requests for accommodation, protects the autonomy and privacy of persons with disabilities, provides guidance on responsibilities and costs, and strengthens the legitimacy and effectiveness of arbitration proceedings by removing barriers that can cause defenselessness.
A practical manual that establishes standards and recommendations to make CIAC arbitration services accessible and inclusive for persons with disabilities.
Arbitrators, CIAC center secretariats, parties to arbitration proceedings, legal representatives, and members of the public interested in ensuring equal access to arbitration justice.
3. What types of accommodations are considered?
Physical adaptations (ramps, accessible rooms), communication adaptations (sign language interpreters, subtitling, Braille), technological adaptations (accessible platforms, real-time transcription), and personal support adaptations (tutors, assistants).
4. How do I request an accommodation during an arbitration proceeding?
Submitting an accommodation request to the arbitral tribunal or the center director; the guide includes a template and guidelines on deadlines and requirements.
5. When should I submit my application?
As quickly as possible, ideally at the start of the process or as soon as the need arises, to enable efficient decision-making and implementation of measures.
6. Who decides whether the accommodation will be granted?
The arbitral tribunal shall decide on the request, giving reasons, assessing its reasonableness, impact on the proceedings, and the principle of equality between the parties.
7. Who bears the costs of the adaptations?
Preferably, the parties agree; in the absence of agreement, the court decides, taking into account proportionality and the circumstances of the case.
8. What happens if my application is denied?
The court must indicate viable alternatives that guarantee arbitrary protection and prevent the applicant from being left defenseless.
9. Does the guide respect the confidentiality of medical information?
Yes; completing and handling the accommodation request protects privacy in accordance with the CDPD and good confidentiality practices.
10. Does the guide require staff training?
Yes; recommends ongoing training for referees and administrative staff on accessibility, inclusive language, and the use of assistive technologies.
11. Can I request virtual hearings as an accommodation?
Yes; virtual hearings are considered an option to facilitate participation when appropriate and compatible with the fairness of the process.
