ICC as appointing authority
ICC as appointing authority

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

  • ICC as appointing authority
  • The services available
  • The application
  • The ICC's costs as an appointing authority
  • Suggested clause designating the ICC as appointing authority

Parties using arbitration may designate an arbitral institution, such as the International Chamber of Commerce (ICC), to administer the arbitration according to its rules, or proceed ad hoc outside an institutional framework. In ad hoc proceedings, the parties may agree that the ICC act as appointing authority which may include appointing any arbitrator in default of agreement by the parties. It should also be noted that parties may opt for an appointing authority even where the arbitration is proceeding under separate institutional rules.

The ICC has specific rules (in force from 1 January 2018) regarding its role as an appointing authority in United Nations Commission on International Trade Law (UNCITRAL) and other arbitration proceedings, including other institutional proceedings (2018 ICC Appointing Authority Rules). Where the ICC is to act as appointing authority in these circumstances, the function of appointing authority is carried out by the ICC Court pursuant to the ICC Rules in Appendices I (Statues of the International Court of Arbitration) and II (Internal Rules of the International Court of Arbitration).

When the parties have agreed the ICC will act as appointing authority, they will be bound by the 2018 ICC Appointing Authority Rules, unless they expressly submit to the rules in force at the date of the agreement.

The UNCITRAL Rules referred to in the 2018 ICC Appointing Authority Rules are the