Note to Parties and Arbitral Tribunals on the Conduct of the Arbitration (English version)
No. Free003
ISBN : Free003
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Help CentreThis Note is intended to provide parties and arbitral tribunals with practical guidance concerning the conduct of arbitrations under the 2017 ICC Rules of Arbitration (“Rules”) as well as the practices of the International Court of Arbitration of the International Chamber of Commerce (“Court”).
I - General Information
1. This Note is intended to provide parties and arbitral tribunals with practical guidance concerning the conduct of arbitrations under the ICC Rules of Arbitration ("Rules") as well as the practices of the International Court of Arbitration of the International Chamber of Commerce ("Court").
2. Unless otherwise indicated, this Note applies to all ICC arbitrations regardless of the version of the Rules pursuant to which they are conducted. The numbering of Articles in this Note refers to the 2017 Rules.
A - The ICC International Court of Arbitration and its Secretariat
3. The Court is an administrative body that ensures that ICC arbitrations are conducted in accordance with the Rules. It does not itself resolve disputes (Article 1(2)).
4. The Court is assisted by its Secretariat (Article 1(5)). The Secretariat is directed by the Secretary General, the Deputy Secretary General and the Managing Counsel. It is composed of case management teams each headed by a Counsel.
5. The Secretariat closely monitors the progress of the proceedings and assists the parties and the arbitral tribunals with any questions relating to the conduct of the arbitration. The parties and/or their legal representatives are encouraged to contact the Secretariat with any questions or comments arising from the Rules and/or this Note.
6. At the end of the arbitration, the parties, their representatives and the arbitrators will be invited to submit an evaluation form to the Secretariat.
B - Communications
7. Pursuant to Article 3(1), parties and arbitrators must send copies of all written correspondence directly to all other parties, arbitrators and the Secretariat.
8. The Request for Arbitration (Article 4), the Answer and any counterclaims (Article 5), and any Request for Joinder (Article 7) must be sent to the Secretariat in hard copy as well as in electronic form by email. To the extent possible, any other written documents should be sent to the Secretariat in electronic form by email only. Sending hard copies to the Secretariat is not necessary, even where the arbitral tribunal has asked to be provided with hard copies.
9. The Secretariat will generally send correspondence by email. The parties, their counsel and prospective arbitrators must provide the Secretariat with their email addresses.
| Code ISBN : | Free003 |
| Number of pages : | 34 |
| Publishing date : | 2019-03-03 |
| Language : | English |
I - GENERAL INFORMATION
A - THE ICC INTERNATIONAL COURT OF ARBITRATION AND ITS SECRETARIAT
B - COMMUNICATIONS
II – PARTIES
A - WHERE REQUESTS FOR ARBITRATION CAN BE SUBMITTED
B - REPRESENTATION
C - JOINDER OF ADDITIONAL PARTIES
D - COMMUNICATION OF REASONS FOR COURT DECISIONS
III - ARBITRAL TRIBUNAL
A - STATEMENT OF ACCEPTANCE, AVAILABILITY, IMPARTIALITY AND INDEPENDENCE
B - ASSISTANCE BY THE SECRETARIAT WITH THE NOMINATION OR APPOINTMENT OF ARBITRATORS
C - PUBLICATION OF INFORMATION REGARDING ARBITRAL TRIBUNALS
D - PUBLICATION OF AWARDS
IV - CONDUCT OF PARTICIPANTS IN THE ARBITRATION
V - EMERGENCY ARBITRATOR
VI - CONDUCT OF THE ARBITRATION
A - ADVANCE ON COSTS
B - EXPEDITIOUS AND EFFICIENT CONDUCT OF THE ARBITRATION
C - EXPEDITIOUS DETERMINATION OF MANIFESTLY UNMERITORIOUS CLAIMS OR DEFENCES
D - PROTECTION OF PERSONAL DATA
E - TIME LIMITS UNDER THE RULES
VII - EXPEDITED PROCEDURE PROVISIONS
A - SCOPE OF THE EXPEDITED PROCEDURE PROVISIONS
B - DETERMINATION OF THE AMOUNT IN DISPUTE FOR THE PURPOSE OF THE APPLICATION OF THE EXPEDITED PROCEDURE PROVISIONS
C - SCALES
D - INFORMATION TO THE PARTIES
E - CONSTITUTION OF THE ARBITRAL TRIBUNAL
F - PROCEEDINGS BEFORE THE ARBITRAL TRIBUNAL
G – AWARD
VIII - EFFICIENCY IN THE SUBMISSION OF DRAFT AWARDS TO THE COURT
A - GENERAL PRACTICE
B - PRACTICE UNDER THE EXPEDITED PROCEDURE PROVISIONS
IX - CLOSING OF THE PROCEEDINGS AND SCRUTINY OF AWARDS
A - CLOSING OF THE PROCEEDINGS
B - SCRUTINY PROCESS
C - INFORMATION TO THE PARTIES
D - TIMING OF SCRUTINY
X - ICC AWARD CHECKLIST
XI - TREATY-BASED ARBITRATIONS
XII - SUBMISSIONS BY AMICI CURIAE AND NON-DISPUTING PARTIES
XIII - ARBITRAL TRIBUNAL’S FEES AND ADMINISTRATIVE EXPENSES
A - SCALES
B - ADVANCE ON FEES
C - ALLOCATION AMONG ARBITRAL TRIBUNAL MEMBERS
D - FIXING OF FEES
E – REPLACEMENT
F - ADMINISTRATIVE EXPENSES
G - DECLARATION TO FRENCH TAX AUTHORITIES
XIV - DECISIONS AS TO THE COSTS OF THE ARBITRATION
XV - SIGNATURE OF TERMS OF REFERENCE AND AWARDS
XVI - CORRECTION AND INTERPRETATION OF AWARDS
XVII - NOTIFICATION OF AWARDS, ADDENDA AND DECISIONS
XVIII - INTERNATIONAL SANCTIONS REGULATIONS
XIX - ADMINISTRATIVE SECRETARIES
A APPOINTMENT
B – DUTIES
C – DISBURSEMENTS
D – REMUNERATION
XX – EXPENSES
A - HOW TO SUBMIT A REQUEST FOR EXPENSES
B - WHEN TO SUBMIT A REQUEST FOR EXPENSES
C - TRAVEL EXPENSES
D - PER DIEM ALLOWANCE
E - GENERAL OFFICE EXPENSES AND COURIER CHARGES
F - ADVANCE PAYMENTS ON EXPENSES
XXI - ADMINISTRATIVE SERVICES
A - DEPOSIT OF FUNDS OTHER THAN THE ADVANCE ON COSTS FOR ARBITRATION
B - DEPOSITS FOR VAT, TAXES, CHARGES AND IMPOSTS APPLICABLE TO ARBITRATORS’ FEES
XXII - ASSISTANCE WITH THE CONDUCT OF THE ARBITRATION
A - CONDUCT OF THE ARBITRATION
B - HEARINGS AND MEETINGS
C - SEALED OFFER(S)
XXIII - POST-AWARD SERVICES
XXIV -INTERNATIONAL CENTRE FOR ADR
A - ICC MEDIATION RULES
B - ICC EXPERT RULES
XXV - DISPATCH OF MATERIALS TO ICC AND CUSTOMS CHARGES
Prepared by the International Center for ADR of ICC.