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ICC Arbitration AT A GLANCE

ICC Arbitration AT A GLANCE. Andrea Carlevaris, Secretary General Ulaanbaatar , 27 March 2014. The ICC. The ICC is an international organization providing services and setting standards and policies for businesses and sovereign States. It is independent of any State or government

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ICC Arbitration AT A GLANCE

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  1. ICC Arbitration AT A GLANCE Andrea Carlevaris, Secretary General Ulaanbaatar, 27 March 2014

  2. The ICC • The ICC is an international organization providing services and setting standards and policies for businesses and sovereign States. It is independent of any State or government • The founders of the ICC considered international dispute resolution to be essential to the growth of international trade as a source of world peace • The first set of arbitration rules were established in 1922 • The International Court of Arbitration (“the Court”) was created in 1923 as the arbitration body of ICC

  3. The Court

  4. The Secretariat

  5. DEVELOPMENT OF ICC ARBITRATION

  6. DIVERSITY OF ICC ARBITRATION: PARTIES

  7. DIVERSITY OF ICC ARBITRATION: Arbitrators

  8. DIVERSITY OF ICC ARBITRATION: Place of Arbitration

  9. DIVERSITY OF ICC ARBITRATION: economic SECTORs

  10. GENERAL STATISTICS 2013 • 767 new cases • 1,511 pending cases • 70,4% filed with amount in dispute over US$ 1m • Average amount in dispute: US$ 81,2m • 6 applications for emergency measures • 11,2% state or parastatal entities

  11. Core Features of ICC Rules

  12. Overview of New Features Clarification of existing practice Modernisation Efficiency Clarification of existing practice Clarification of existing practice Clarification of existing practice Efficiency Efficiency Clarification of existing practice Modernisation

  13. Mileposts 2012 2012 2012

  14. EA Timeline Terminates if Request for Arbitration is not filed within 10 days of the Application 1 5 3 18 Day

  15. Court’s Initial Decisions

  16. The Steps (Article 6(2) vs/ Article 6(3))

  17. COMPLEX ARBITRATIONS: Principles

  18. joinder

  19. The Arbitral Tribunal Clarification of practice Efficiency Clarification of practice Modernisation Modernisation Efficiency Modernisation Modernisation

  20. Options regarding appointment The sole arbitrator or president shall be of a nationality other than those of the parties 2012 2012 However, in suitable circumstances and if no party objects within the time fixed by the Court, they may be chosen from a county of which any of the parties is a national

  21. Arbitrators: synthesis

  22. ENHANCING efficiency

  23. Case Management Techniques (Appendix IV)

  24. Definingawards • Differentlegalconsequences: • onlyawards have resjudicataeffects • onlyawardscanbeenforced (if not voluntarilycompliedwith) and challenged • Differentproceduralregime: • scrutiny by the Court (Article 33) • majorityrule (and casting vote of the presidingarbitrator) • motivation (Article 31(2)) • time limit (Article 30) • notification by the Secretariat (Article 34(1)) • Correction, interpretation and remission (Article 35) • Absence of uniformdefinition: • substance over form • decisionthatfinallysettles the dispute or an aspect of it

  25. The scrutinyProcess (article 33) Court scrutinizes draft Second level review First level review by Counsel in charge of the case Draft sent to the Secretariat by arbitral tribunal Approves Approves, subject to comments Sends back to tribunal Revise draft based on the Court’s comments Comments sent to tribunal, revised draft reviewed Tribunal signs award, sends it to the Secretariat Secretariat notifies award to the parties

  26. BENEFITS OF SCRUTINY • Particularly relevant in cases involvinglessexperiencedarbitrators • Improves the quality of the award • Knowledge of the case by the Secretariat • Knowledge of enforcement/validityrequirements by the Court Enhancesenforceability

  27. Experience 2002: 359 Awards 34 not approved 217 approved “subject to” 142 just approved 2012: 491 Awards 59 not approved 483 approved “subject to” 8 just approved

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