New Claims: E-Chapter from ICC Dispute Resolution Bulletin Procedural Decisions in ICC Arbitration

ICC Case 15634

Date of procedural decision: February 2009

Origins of parties: Europe, Middle East

Place of arbitration: Nicosia, Cyprus

ICC Rules of Arbitration: 1998

Summary of issues:

• interpretation of Article 19 (now Article 23(4)) of ICC Arbitration Rules
• timing
• impact terms of reference and establishing the facts
• due process
• fairness

ICC Case 19105

Date of procedural order: February 2014

Origins of parties: East Europe

Place of arbitration: Bucharest, Romania

ICC rules of Arbitration: 2012

Summary of issues:

• relevance to issues to be decided in the final award
• timing
• risk of delay and disruption
• compatibility with tribunal’s duty to conduct the proceedings efficiently
• impact on advance on costs

ICC Case 19581

Date of procedural order: March 2014

Origins of parties: East Europe

Place of arbitration: Bucharest, Romania

ICC Rules of Arbitration: 2012

Summary of issues:

• timing
• newness of claim
• impact on terms of reference
• impact on advance on costs
• appropriateness of leaving claim to be litigated in other proceedings