ICC arbitration

The International Court of Arbitration of the International Chamber of Commerce (ICC)

The ICC was founded in 1919 to promote international commerce and co-operation; the International Court of Arbitration of the ICC (the ICC Court) was established to administer ICC arbitration proceedings in 1923. Today, the ICC is one of the world’s leading arbitral institutions. For more information on the background and structure of the institution, see Practice Note: ICC (2021)—introduction to the ICC and arbitration under the ICC Rules.

The ICC administers arbitrations under the ICC Rules of Arbitration (ICC Rules). The most recent version of the ICC Rules (the 2021 ICC Rules) apply (generally) to arbitrations

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Drawing the line—court review of arbitral institutions’ administrative decisions in Brazil (Vale v B3 & others)

Arbitration analysis: Reversing a first-instance judgment that had dismissed the claim for lack of jurisdiction and legal standing, the São Paulo Court of Appeals held that Brazilian courts may review administrative decisions rendered by arbitral institutions prior to the constitution of the arbitral tribunal. The dispute concerned a decision by the President of the Market Arbitration Chamber (CAM) applying Article 3.6 of its Rules to appoint all three arbitrators and to disregard respondent Vale S.A.’s prior appointment of a co-arbitrator. The court held that the provision presupposes both a plurality of parties and an actual ‘absence of consensus’, which was not present in the case at hand, as the multiparty claimants acted jointly and with convergent interests up to that stage of the proceedings. It further held that the statutory right of each party to appoint a co-arbitrator under the Brazilian Arbitration Act cannot be displaced by institutional discretion in such circumstances. The decision reinforces the judicial control over institutional acts that affect fundamental procedural rights in arbitration and clarifies the São Paulo Court of Appeal’s stance on the distinction between jurisdictional and administrative acts in arbitration. Written by Renato Stephan Grion, partner at Pinheiro Neto Advogados, and Thiago Del Pozzo Zanelato, senior associate at Pinheiro Neto Advogados.

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