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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.
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.
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|
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
Article 37 Advance to Cover the Costs of the Arbitration
Article 38 Decision as to the Costs of the Arbitration
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
Prepared by the International Court and the International ADR Center of ICC.