Revised ICC International Court of Arbitration Rules Become Effective March 1st

Disputing Blog by Karl Bayer, Victoria VanBuren, and Holly Hayes

On March 1st, the International Court of Arbitration of the International Chamber of Commerce’s (“ICC”) newly revised rules designed to enhance efficiency and transparency will become effective.  According to the ICC:

Under the Expedited Procedure Rules, the ICC Court will normally appoint a sole arbitrator, irrespective of any contrary term of the arbitration agreement. Awards must be made in six months from the case management conference, with extensions granted only in limited and justified circumstances.

Under the Rules there will be no Terms of Reference and the tribunal will have discretion to decide the case on documents only, with no hearing, no requests to produce documents and no examination of witnesses. The quality control on awards – performed by the ICC Court and its Secretariat through the scrutiny of the award – will however be maintained at its long-established highest level. Finally, a scale providing for significantly reduced fees will apply under the Expedited Procedure Rules.

The revised Expedited Procedure Rules will automatically apply to all ICC arbitral proceedings with less than $2 million in dispute.  In addition, parties may choose to utilize the expedited rules for disputes over $2 million.

The ICC has also implemented other amendments including a shorter, one-month “time-limit for the establishment of Terms of Reference, in order to streamline the initial phases of the proceedings.”  Additionally, the ICC Court may “provide reasons for its decisions made on challenges, as well as for other decisions, such as prima facie jurisdictional decisions and consolidations, without having to seek consent of all parties, as under the previous Rules.”

The revised ICC International Court of Arbitration rules were formally approved by the ICC Executive Board in October.

                        author

Beth Graham

Beth Graham received a J.D. from the University of Nebraska College of Law in 2004 and a M.A. in Information Science and Learning Technologies from the University of Missouri in 2006. She also holds a B.S. in Public Administration from the University of Nebraska-Omaha. She is licensed to practice law… MORE >

Featured Mediators

ad
View all

Read these next

Category

Make Your Next Apology Irresistible

What a sad flop it was. Jean’s effort to apologize to Doug at the start of their facilitated session went down smoking like the Hindenburg. As I saw Doug’s defenses...

By Christopher Sheesley
Category

Battling Burnout: Mental Health and Self-Care in Mediation

Individuals sinking in personal or professional problems may turn to a mediator; Businesses troubled with contractual and commercial disputes may appoint a mediator; Nation-states imploding in racial or communal tension...

By Jonathan Rodrigues, Lydia Ray
Category

The End Game

The average divorce rate in the US has hovered around the 50% mark for years and though recent reports show that rate may be falling  (https://ifstudies.org/blog/the-us-divorce-rate-has-hit-a-50-year-low) what hasn’t changed is...

By Scott Levin

Find a Mediator

X
X
X