Free ICC Dispute Resolution Bulletin - 2022 Issue 3

No. FREE22BUL3

ISBN : 78-92-842-0641-4

Ahead of our centenary year, we remain committed to making our gold-standard dispute resolution and avoidance services even more accessible to businesses around the globe.

1. The Centenary of the Court

The ICC International Court of Arbitration was founded in 1923, four years after a pioneering group of entrepreneurs who called themselves the ‘Merchants of Peace’ founded ICC. In the wake of World War I, they wanted to promote peace and prosperity through cross-border trade. They understood that to facilitate cross-border business, there needed to be a dispute resolution procedure that met the needs of global business. And they understood the importance of access to justice and the rule of law.

The Centenary Launch will be a virtual event accessible from anywhere and free to register.

 Join us online on Thursday 19 January 2023 at 14:00 (CET) to mark the beginning of our year-long programme commemorating 100 years from the day when the ICC Court was established and the release of ICC’s Declaration on the next century of dispute prevention and resolution.

2. ICC Case Connect

In October, we launched ICC Case Connect, a pioneering digital case management platform to enable more streamlined communication and file-sharing among parties, arbitral tribunal, and ICC case management teams. The new digital platform efficiently stores all case documents and data in one centralised, easily accessible location, using swift and user-friendly document sharing and new time-saving online forms for arbitrators.

With Case Connect, case documents – and data formerly duplicated across different document storage and sharing systems by parties or sent via different communication channels – have been centralised in a single platform, providing a one-stop-shop to manage ICC Arbitration cases.

Accessible anytime, anywhere, from any device, the user-friendly ICC Case Connect:

enables arbitrators and counsel to swiftly and securely transfer case files;

facilitates simplified case tracking by providing an overview of documents and recent activity across all ongoing ICC Case Connect cases; and

provides arbitrators with updatable online forms to replace the currently used forms.

 

The launch of ICC Case Connect is a key milestone in ICC’s ongoing drive to put those who use our services first and bring case management online. Committed to our role as a pioneer of dispute resolution and case management solutions, ICC will further develop the platform and its digital services in 2023.

3. Dispute Resolution Library

ICC and Jus Mundi broadened the scope of their existing partnership to enable wider access to ICC’s dispute resolution expertise via Jus Mundi’s international law and arbitration research engine. With over 7,500 documents, the ICC Dispute Resolution Library (DRL) is a key resource for international businesses, legal practitioners, and academic institutions that grants easy access to, and research within, the ICC Dispute Resolution Bulletin, ICC arbitral awards, ICC Institute Dossiers, ICC Commission Reports, the ICC Enforcement Guide, the Secretariat’s Guide to ICC Arbitration, ICC Model Contracts, and special publications.

ICC and Jus Mundi joined forces in 2021 to make publishable ICC arbitral awards and related documents freely available to the global legal community. ICC materials are now interactive thanks to Jus Mundi’s artificial intelligence-backed features, which allow

professionals to browse a range of resources quickly and efficiently — including metadata on rules and people, a table of contents and content filtering options.

In line with ICC DRS’ commitment to bolster transparency and inclusion and support the dispute resolution community globally, the DRL now also allows a free download of the latest issue of the ICC Dispute Resolution Bulletin.2

4. Commission on Arbitration and ADR

Under the leadership of Melanie van Leeuwen, appointed Chair in November 2021, the Commission on Arbitration and ADR, met on 29 October 2022, with its newly constituted membership, consistent with Rules established by its Steering Committee and its new Terms of Reference, adopted by the ICC Executive Board.

Notably, the Commission welcomes new Vice Chairs with broader geographic representation, including Brazil, Cameroon, China, India and Singapore, and the UAE. With approximately 850 delegates (as well as ex officio members), more than half of the delegates are newly appointed, including 119 in house counsel, and 42% women. The geographic distribution is now broader, with at least 70 NCs sending delegates, reducing the concentration in Europe.

The ICC Commission’s latest report in 2022 on ‘Leveraging Technology for Fair, Effective and Efficient International Arbitration Proceedings provides tribunals, arbitrators, and counsel with a framework to make better use of technology without compromising fairness or efficiency. Last week, the Commission approved the report of its Task Force ‘ADR and Arbitration’ to be launched early 2023.

5. ICC Institute of World Business Law

The ICC Institute of World Business Law — established just over 40 years ago5 — recently announced further additions to its Council to increase scope and diversity within ICC’s global think tank.6

Earlier this month, the Institute held its 42nd Annual Conference titled ‘Navigating the New Contents of International Public Policy - Compliance in Environment and Human Rights’. Panellists addressed this increasingly crucial issue in international public policy, in the context of arbitration, amicable dispute resolution, international law, and corporate governance. Discussions also showcased ICC’s transversal engagement and the growing responsibilities of companies with respect to the environment and Human Rights. The Conference papers will be published in a forthcoming ICC Institute Dossier.7

The ICC Institute of World Business Law, which offers research and training opportunities worldwide, also announced that applications for the 2023 Institute Prize are due by 3 April 2023.8

6. A Tribute to Alexis Mourre

During the ICC Miami Conference — the ICC’s flagship event on Arbitration and ADR that gathered a crowd of 704 participants from 37 countries — we launched ‘Leadership, Legitimacy, Legacy: A Tribute to Alexis Mourre’, an homage to Alexis Mourre’s distinguished and dedicated service as President of the ICC Court (2015-2021). Organised around the central pillars of his Presidency — diversity, efficiency, ethics, transparency, and strengthening the global nature of ICC Arbitration — this collection of essays as well as personal reflections from over 40 authors is a fitting tribute to Alexis Mourre’s leadership and legacy. 9 A review of the book is published in this issue of the Bulletin.

Code ISBN : 78-92-842-0641-4
Number of pages : 77
Publishing date : 2022-12-26
Language : English
Format in cm : 21*29.7

> Claudia Salomon

Message from the President  .  . . 5

> Julien Fouret and Yasmine Lahlou
Welcome from the Editors-in-Chief. . . 7

GLOBAL DEVELOPMENTS

> Rohaan Cama, Nikita Garg
India : ‘Group of Companies’ Doctrine – A Comment on Cox and Kings Limited
v. SAP India Pvt. Ltd.. . . . 9
> Flavio Ponzano
European Union: The CJEU Judgment in London Steam-Ship Owners’ Mutual
Insurance Association Limited v. Kingdom of Spain: A Further Blow to Arbitration?. . . 13
> Rikard Wikström-Hermansen, Oskar Magnusson
Sweden : Virtual Hearing Despite Party’s Objection: Court of Appeal
Clarifies Position Under Swedish Law. . . . 19
> Avishai Azriel
Israel : District Court Denies Annulment and Allows Publication
of Duty-Free Conspiracy Award.. . .22
> Martin Cammarata, Marcos Palma and Tomás Krasnapolski
Argentina : Partial Enforceability of an Award Partially Annulled at Seat .  . 26


COMMENTARY
> Kun Fan
A Review of China’s Sustainable Development Goals
through International Investment Agreements. . . .29
> Hannah Tümpel
Strengthening Mediation of Investor-State Disputes: An Introduction
to the New ICSID Mediation Rules . .  .38


CASE DECISIONS
> Beata Gessel-Kalinowska vel Kalisz
The Concept of ‘Legal Interest’ in Declaratory Awards: A Research Based
on ICC Arbitration Awards. .. . 52

ICC ACTIVITIES
> Dr Victoria R Nalule
6th ICC Africa Conference on International Arbitration .. . 61
> Tamara Manasijevic
ICC-FIDIC Conference on International Construction Contracts
and Dispute Resolution . . .65


BOOK REVIEWS
> Janice Feigher
C’era una volta Mourre. . 72
> Kevin Kim
The Handbook – 5th Edition: A Dive into the 2021 ICC Arbitration
Rules and Practice . . 75
> Charles Jarrosson
A New Volume to the Compendium of ICC Arbitral Awards. . . 77

Editors-in-Chief 

Julien Fouret 

Yasmine Lahlou 

 

Editorial Board 

Christian Albanesi 

Stavros Brekoulakis 

Farouk El-Hosseny 

Karina Goldberg 

Imad Khan 

Sara Nadeau-Séguin 

Damien Nyer 

Olena Perepelynska 

Sulabh Rewari 

Rafael Rincon 

Michele Sabatini 

Sabina Sacco 

Leyou Tameru 

Charis Tan 

Sherlin Tung 

Angeline Welsh 

Jennifer Younan 

 

Contributors 

Antonia Birt

Gabriel Bulteel

Dr Helen Chen

Professor Dr. Walter Doralt

Julien Fouret

Andreas Frischknecht

Greta Körner

Arthad Kurlekar

Yasmine Lahlou

Queenie Lau

Hyewon Lee

Mélanie van Leeuwen

Gabriela Lopez Stahl

Alex Lupsaiu

Dr. Brooke Marshall

Pierre Mayer

Sarah Monnerville Smith

Susan Munro

Reshma Oogorah

Robert Pé

Rafael Rincón

Elena Rizzo

Claudia Salomon

Maryna Sayenko

Charlene Sun

Manuel Tomas

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