2017 Arbitration Rules and 2014 Mediation Rules (English version)

No. 880-4 ENG

ISBN : 978-92-842-0425-0

This booklet contains two discrete but complementary dispute resolution procedures offered by the International Chamber of Commerce (ICC).

Arbitration under the ICC Arbitration Rules is a formal procedure leading to a binding decision from a neutral arbitral tribunal, susceptible to enforcement pursuant to both domestic arbitration laws and international treaties such as the 1958 New York Convention. Mediation under the ICC Mediation Rules is a flexible procedure aimed at achieving a negotiated settlement with the help of a neutral facilitator. The two sets of Rules are published together in this booklet in answer to the growing demand for a holistic approach to dispute resolution techniques.

Each set of Rules defines a structured, institutional framework intended to ensure transparency, efficiency and fairness in the dispute resolution process while allowing parties to exercise their choice over many aspects of procedure. Arbitration is administered by the International Court of Arbitration and mediation by the International Centre for ADR. These are the only bodies empowered to administer proceedings under their respective Rules, thereby affording parties the benefit of the experience, expertise and professionalism of a leading international dispute resolution provider.

Drafted by dispute resolution specialists and users representing a wide range of legal traditions, cultures and professions, these Rules provide a modern framework for the conduct of procedures and respond to the needs of international trade today. At the same time, they remain faithful to the ethos and essential features of ICC dispute resolution and, in particular, its suitability for use in any part of the world in proceedings conducted in any language and subject to any law.

Arbitration

The Arbitration Rules are those of 2012, as amended in 2017. They are effective as of 1 March 2017.

The most significant of the 2017 amendments is the introduction of an expedited procedure providing for a streamlined arbitration with a reduced scale of fees. This procedure is automatically applicable in cases where the amount in dispute does not exceed US$ 2 million, unless the parties decide to opt out. It will apply only to arbitration agreements concluded after 1 March 2017.

One of the important features of the Expedited Procedure Rules is that the ICC Court may appoint a sole arbitrator, even if the arbitration agreement provides otherwise.

The expedited procedure is also available on an opt-in basis for higher-value cases, and will be an attractive answer to users’ concerns over time and cost.

To further enhance the efficacy of ICC arbitrations, the time limit for establishing Terms of Reference has been reduced from two months to one month, and there are no Terms of Reference in the expedited procedure.

Under the 2017 Rules, ICC arbitrations will become even more transparent, for the Court will now provide reasons for a wide range of important decisions, if requested by one of the parties. Article 11(4) has been amended to that effect.

Mediation

The Mediation Rules, in force from 2014, reflect modern practice and set clear parameters for the conduct of proceedings, while recognizing and maintaining the need for flexibility. Like the ADR Rules, which they replace, they can be used for conducting other procedures or combinations of procedures that are similarly aimed at an amicable settlement of the dispute, such as conciliation or neutral evaluation.

Parties wishing to have recourse to ICC arbitration, mediation, or both, are encouraged to include an appropriate dispute resolution clause in their agreements. For this purpose, each set of Rules is followed by model clauses, together with guidance on their use and how they may be adjusted to particular needs and circumstances. The recommended clauses include multi-tiered clauses providing for a combination of techniques as well as clauses contemplating a single technique.

Both the Rules and the model clauses are available for use by parties, whether or not members of the ICC. For the convenience of users, they have been translated into several languages and can be downloaded from the ICC website.

Code ISBN : 978-92-842-0425-0
Number of pages : 102
Publishing date : 2017-01-01
Language : English

Arbitration rules

Introductory Provisions

Article 1 International Court of Arbitration

Article 2 Definitions

Article 3 Written Notifications or Communications; Time Limits

Commencing the Arbitration

Article 4 Request for Arbitration

Article 5 Answer to the Request; Counterclaims

Article 6 Effect of the Arbitration Agreement

Multiple Parties, Multiple Contracts and Consolidation

Article 7 Joinder of Additional Parties

Article 8 Claims Between Multiple Parties

Article 9 Multiple Contracts

Article 10 Consolidation of Arbitrations

The Arbitral Tribunal

Article 11 General Provisions

Article 12 Constitution of the Arbitral Tribunal

Article 13 Appointment and Confirmation of the Arbitrators

Article 14 Challenge of Arbitrators

Article 15 Replacement of Arbitrators

The Arbitral Proceedings

Article 16 Transmission of the File to the Arbitral Tribunal 

Article 17 Proof of Authority

Article 18 Place of the Arbitration

Article 19 Rules Governing the Proceedings

Article 20 Language of the Arbitration

Article 21 Applicable Rules of Law

Article 22 Conduct of the Arbitration

Article 23 Terms of Reference

Article 24 Case Management Conference and Procedural Timetable

Article 25 Establishing the Facts of the Case

Article 26 Hearings

Article 27 Closing of the Proceedings and Date for Submission of Draft Awards

Article 28 Conservatory and Interim Measures

Article 29 Emergency Arbitrator

Article 30 Expedited Procedure Awards

Article 31 Time Limit for the Final Award 

Article 32 Making of the Award

Article 33 Award by Consent

Article 34 Scrutiny of the Award by the Court

Article 35 Notification, Deposit and Enforceability of the Award

Article 36 Correction and Interpretation of the Award; Remission of Awards

Costs

Article 37 Advance to Cover the Costs of the Arbitration

Article 38 Decision as to the Costs of the Arbitration

Miscellaneous

Article 39 Modified Time Limits

Article 40 Waiver

Article 41 Limitation of Liability

Article 42 General Rule

Appendix I – Statutes of the International Court of Arbitration

Article 1 Function

Article 2 Composition of the Court

Article 3 Appointment

Article 4 Plenary Session of the Court

Article 5 Committees

Article 6 Confidentiality

Article 7 Modification of the Rules of Arbitration

Appendix II – Internal Rules of the International Court of Arbitration

Article 1 Confidential Character of the Work of the International Court of Arbitration

Article 2 Participation of Members of the International Court of Arbitration in ICC Arbitration

Article 3 Relations Between the Members of  the Court and the ICC National Committees and Groups

Article 4 Committee of the Court

Article 5 Court Secretariat

Article 6 Scrutiny of Arbitral Awards

Appendix III – Arbitration Costs and Fees

Article 1 Advance on Costs

Article 2 Costs and Fees

Article 3 Scales of Administrative Expenses and Arbitrator’s Fees

Appendix IV – Case Management Techniques

Appendix V – Emergency Arbitrator Rules

Article 1 Application for Emergency Measures

Article 2 Appointment of the Emergency Arbitrator; Transmission of the File

Article 3 Challenge of an Emergency Arbitrator

Article 4 Place of the Emergency Arbitrator Proceedings

Article 5 Proceedings

Article 6 Order

Article 7 Costs of the Emergency Arbitrator Proceedings

Article 8 General Rule

Appendix VI – Expedited Procedure Rules

Article 1 Application of the Expedited Procedure Rules

Article 2 Constitution of the Arbitral Tribunal

Article 3 Proceedings

Article 4 Award

Article 5 General Rule

ARBITRATION CLAUSES

Prepared by the International Court and the International ADR Center of ICC.