Courtney Lotfi ADR Consulting GmbH

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Courtney Lotfi ADR Consulting GmbH
Contributions by Courtney Lotfi ADR Consulting GmbH Experts

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Document production in international arbitration—a practical guide
Document production in international arbitration—a practical guide
Practice Notes

This Practice Note provides practical guidance on document production in international arbitration proceedings. The Practice Note addresses the two main forms (categories or types) of document production which arise in international arbitration: (i) the production of documents in response to a request (or requests) for production (requests to produce or RFPs); and (ii) the production of documents associated with the submission of statements of case and other formal documentation in the arbitration. Since each arbitration is different, care should be taken to consider the particular features of your case that may have a bearing on document production.

ICC (2026)—appointing the tribunal
ICC (2026)—appointing the tribunal
Practice Notes

Appointing the tribunal is one of the most important steps in any arbitration. Having the right tribunal is key to ensuring the arbitration runs efficiently and that a just result is reached.The method of appointing the arbitral tribunal in an ICC arbitration will depend on several factors, most importantly any provision made by the parties in their arbitration agreement or in some other written document—for additional guidance on this topic, see Practice Note: Choosing your arbitral tribunal.This Practice Note considers the provisions relating to the appointment of an arbitral tribunal in arbitration proceedings under the 2026 International Chamber of Commerce (ICC) Rules of Arbitration (ICC Rules). References in this Practice Note to articles of and appendices to the ICC Arbitration Rules are to the 2026 ICC Rules unless otherwise indicated.The 2026 ICC Rules apply to any ICC arbitrations commenced from 1 June 2026 unless the parties expressly agree that an earlier version of the ICC Rules will apply (for example, in the arbitration clause).For links to guidance

ICC (2026)—emergency arbitrator proceedings
ICC (2026)—emergency arbitrator proceedings
Practice Notes

This Practice Note considers the emergency arbitration procedure available to parties under the 2026 Rules of Arbitration of the International Chamber of Commerce (ICC Rules), which enables parties to obtain emergency interim or conservatory measures before an arbitral tribunal has been constituted.The 2026 ICC Rules apply to any ICC arbitrations commenced on or after 1 July 2026 unless the parties expressly agree that an earlier version of the ICC Rules will apply.For links to guidance on the 2021, 2017 and 2012 editions of the ICC Rules, see: ICC arbitration—overview.ICC emergency arbitrator provisions—introductionThe ICC’s emergency arbitrator provisions are designed to enable a party to obtain urgent interim or conservatory relief where they cannot await the constitution of an arbitral tribunal. ICC emergency arbitrator proceedings are governed by ICC, art 31 and the provisions set out in Appendix IV (also see Note to Parties and Arbitral Tribunals on the Conduct of the Arbitration under the ICC Rules of Arbitration (ICC Note, Part I, para 56 et seq). Together, these

ICC (2026)—evidence and hearings
ICC (2026)—evidence and hearings
Practice Notes

This Practice Note considers the provisions regarding evidence and hearings in arbitration proceedings under the 2026 International Chamber of Commerce (ICC) Rules of Arbitration (ICC Rules). References in this Practice Note to articles of and appendices to the ICC Rules are to the 2026 ICC Rules unless otherwise indicated.The 2026 ICC Rules apply to any ICC arbitrations commenced on or after 1 June 2026, unless the parties expressly agree that an earlier version of the ICC Rules will apply (e.g. in the arbitration clause).For links to guidance on the 2021 and 2017 editions of the ICC Rules, see: ICC arbitration—overview.Documentary evidence in ICC arbitrationDocumentary evidence is relevant throughout ICC arbitration proceedings and comes into focus at various stages of the proceedings. Generally speaking, the tribunal is obliged to proceed within as short a time as possible to establish the facts of the case by all appropriate means (ICC, art 26(1)).The ICC Rules state that the Request for Arbitration (Request) should be accompanied by copies of any relevant

ICC (2026)—expedited procedure
ICC (2026)—expedited procedure
Practice Notes

This Practice Note considers the expedited procedure and highly expedited procedure under the 2026 International Chamber of Commerce (ICC) Rules of Arbitration in force from 1 June 2026 (ICC Rules). The ICC Rules apply to any ICC arbitrations commenced on or after 1 June 2026 unless the parties expressly agree that an earlier version of the ICC Rules will apply (eg, in the arbitration clause).The ICC’s expedited procedure provisions (EAP) were introduced in the 2017 edition of the ICC Rules and brought the ICC’s rules in line with other arbitral institutions, such as the Singapore International Arbitration Centre (SIAC) and Arbitration Institute of the Stockholm Chamber of Commerce (SCC), which provide mechanisms for fast-track resolution of disputes.Under the ICC expedited procedure, proceedings may be concluded within six months.For links to guidance on the 2021, 2017 and 2012 editions of the ICC Rules, see: ICC arbitration—overview.New to the 2026 ICC Rules are provisions on Highly Expedited Arbitration Procedure (‘HEAP’). Under these new, opt-in provisions, parties can receive a final

ICC (2026)—fees, advances and costs
ICC (2026)—fees, advances and costs
Practice Notes

This Practice Note considers fees, advances and costs under the 2026 International Chamber of Commerce (ICC) Rules of Arbitration (ICC Rules). The ICC Rules apply to any ICC arbitrations commenced on or after 1 June 2026, unless the parties expressly agree that an earlier version of the ICC Rules will apply (eg, in the arbitration clause).For information on:•the ICC’s costs as an appointing authority, see Practice Note: ICC as appointing authority [Archived]•the fees of key arbitral institutions, including the ICC, see Practice Note: Costs and fees of key arbitral institutions•the 2021, 2017 and 2012 editions of the ICC Rules, see: ICC arbitration—overviewArbitration costs under the ICC RulesThe costs of ICC arbitration include:•the fees and expenses of the arbitrators,•any other expenses incurred by the ICC Related to the arbitration and the ICC administrative expenses fixed by the Court (in accordance with the Schedule of Fees in force at the time of the commencement of arbitration), as well

ICC (2026)—multi-party, multi-contract, joinder and consolidation
ICC (2026)—multi-party, multi-contract, joinder and consolidation
Practice Notes

This Practice Note considers the issues arising out of multi-party and/or multi-contract arbitration proceedings under the 2026 International Chamber of Commerce (ICC) Rules of Arbitration (ICC Rules). These can involve joining additional parties by way of a request for the joinder of additional parties to arbitration proceedings made before or after the confirmation or appointment of any arbitrator, making claims between multiple parties and/or against additional parties, making claims under more than one contract and/or multiple arbitration agreements, and the consolidation of proceedings.Since 1 June 2026, the ICC Rules have expressly specified that joinder of additional parties is only possible after confirmation or appointment of any arbitrator with its consent. This is a departure from the 2021 rules which required consent from all parties.The 2026 ICC Rules apply to any ICC arbitrations commenced on or after 1 June 2026 unless the parties expressly agree that an earlier version of the ICC Rules will apply (eg, in the arbitration clause). For an introduction to the 2026 ICC Rules,

ICC (2026)—responding to a Request for Arbitration
ICC (2026)—responding to a Request for Arbitration
Practice Notes

This Practice Note considers what a respondent should do upon receiving a Request for Arbitration under the 2026 International Chamber of Commerce (ICC) Rules of Arbitration (ICC Rules).The 2026 ICC Rules apply to any ICC arbitrations commenced on or after 1 June 2026 unless the parties expressly agree that an earlier version of the ICC Rules will apply (eg in the arbitration clause). For an introduction to the 2026 ICC Rules, see Practice Note: Introduction to the ICC and arbitration under the ICC Rules.For links to guidance on the 2021, 2017 and 2012 editions of the ICC Rules, see: ICC arbitration—overview.What to do on receiving the Request for ArbitrationAn ICC arbitration is commenced by a party (the claimant) submitting a Request for Arbitration (Request) to the ICC Secretariat. For more guidance on starting an ICC arbitration, see:•Practice Note: ICC (2026)—starting an arbitration•Checklist: Starting an ICC (2026) arbitration—checklistUpon receiving a Request, the respondent/respondent’s counsel should examine whether:•the

ICC (2026)—starting an arbitration
ICC (2026)—starting an arbitration
Practice Notes

This Practice Note considers how to commence an arbitration under the 2026 International Chamber of Commerce (ICC) Rules of Arbitration (ICC Rules). The ICC Rules apply to any ICC arbitrations commenced on or after 1 June 2026 unless the parties expressly agree that an earlier version of the ICC Rules will apply. For an introduction to the 2026 ICC Rules, see Practice Note: ICC (2026)—introduction to the ICC and arbitration under the ICC Rules.For links to guidance on the 2021, 2017 and 2012 editions of the ICC Rules, see: ICC arbitration—overview.Prior to commencing an arbitration pursuant to the ICC RulesWhen a dispute arises, it is essential for parties and their advisors to review the dispute resolution clause in the relevant contract. Assuming that the clause provides for arbitration under the ICC Rules, at the outset, the parties should consider:•any limitation period (either contractual or statutory) within which the arbitration must be started. For more information under English and Welsh law, see Practice Note: Limitation periods in arbitration

ICC (2026)—Terms of Reference
ICC (2026)—Terms of Reference
Practice Notes

This Practice Note considers the Terms of Reference (TOR) under the 2026 International Chamber of Commerce (ICC) Rules of Arbitration (ICC Rules). The ICC Rules apply to any ICC arbitrations commenced on or after 1 June 2026, unless the parties expressly agree that an earlier version of the ICC Rules will apply (eg in the arbitration clause).What are the Terms of Reference?The TOR is a document summarising key information pertinent to the relevant ICC arbitration proceedings. When they are used, the TOR are drawn up by the arbitral tribunal in collaboration with the parties within 30 days of the tribunal receiving the case file from the Secretariat. They provide a framework for the remainder of the arbitration by summarising the merits of the dispute and setting out procedural parameters. The TOR were considered to be one of the distinguishing features of ICC arbitration and were a mandatory requirement under earlier editions of the ICC Rules, which was eliminated under the 2026 ICC Rules. They are now optional and may be used

ICC—introduction to the ICC and arbitration under the ICC Rules
ICC—introduction to the ICC and arbitration under the ICC Rules
Practice Notes

This Practice Note introduces the International Chamber of Commerce (ICC), the International Court of Arbitration of the ICC (ICC Court) and the 2021 ICC Arbitration Rules (or ICC Rules of Arbitration). It considers how the ICC Court and ICC Secretariat work and outlines the procedure for an ICC arbitration (or ICC arbitral proceedings). The Practice Note also discusses the communication of reasons for administrative decisions by the ICC Court. This Practice Note may be referred to as an introduction, overview or step-by-step guide to ICC arbitration and the 2021 ICC Arbitration Rules.

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