ICC (2012)—Terms of Reference [Archived]

The following Arbitration practice note provides comprehensive and up to date legal information covering:

  • ICC (2012)—Terms of Reference [Archived]
  • What are the Terms of Reference?
  • How are the Terms of Reference put together?
  • What should the Terms of Reference contain?
  • Requests for communication of reasons for Court administrative decisions
  • Signature of the Terms of Reference
  • Timing
  • Original copies
  • Timing and transmission of the Terms of Reference to the Court
  • Court approval of the Terms of Reference
  • More...

ICC (2012)—Terms of Reference [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained.

This Practice Note considers the Terms of Reference (ToR) under the 2012 International Chamber of Commerce (ICC) Rules of Arbitration (2012 ICC Rules).

The 2012 ICC Rules apply to any ICC arbitration commenced on or after 1 January 2012, unless the parties have agreed to submit to the rules in force at the date of their arbitration agreement.

For guidance on the 2017 ICC Rules, see: ICC arbitration—overview.

What are the Terms of Reference?

The Terms of Reference (ToR) are a document summarising key information relevant to ICC arbitration proceedings. The ToR are drafted by the arbitral tribunal at the outset of an ICC arbitration and provide a framework for the remainder of the arbitration. The ToR are a mandatory requirement of the ICC Rules.

The ToR are not used by any other major institutional arbitral body and are considered to be one of the distinguishing features of the ICC arbitration process.

The ICC see that preparation of the ToR has benefits for the parties and the arbitrators as it:

  1. anchors the arbitration

  2. serves as a guide to which the parties and the tribunal may refer throughout the proceedings

  3. forces the arbitrators to engage with the arbitration at an early stage and develop an understanding of the case

  4. gives the parties and the tribunal a

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