Refine By
Clear all filter
About 91978 results for "*"
PRACTICE NOTES
This Practice Note considers the emergency arbitration procedure available to parties under the 2021 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 2021 ICC Rules apply to any ICC arbitrations commenced on or after 1 January 2021 unless the parties expressly agree that an earlier version of the ICC Rules will apply. For links to guidance on the 2017 and 2012 editions of the ICC Rules, see: ICC arbitration—overview. ICC emergency arbitrator provisions—introduction The 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, art 29(1)). ICC emergency arbitrator proceedings are governed by ICC, art 29 and the ICC Emergency Arbitrator Rules contained in ICC, App V (also see Note to Parties and Arbitral Tribunals on the Conduct of the Arbitration under the ICC Rules of Arbitration (ICC Note, paras [69]–[82]). Together, these provisions
PRACTICE NOTES
This Practice Note considers the provisions regarding evidence and hearings in arbitration proceedings under the 2021 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 2021 ICC Rules unless otherwise indicated. The 2021 ICC Rules apply to any ICC arbitrations commenced on or after 1 January 2021, unless the parties expressly agree that an earlier version of the ICC Rules will apply (eg in the arbitration clause). For links to guidance on the 2017 edition of the ICC Rules, see: ICC arbitration—overview. Documentary evidence in ICC arbitration Documentary 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 25(1)). The ICC Rules state that the Request for Arbitration (Request) should be accompanied by copies of any relevant agreements and, in particular,
PRACTICE NOTES
This Practice Note considers the expedited procedure under the 2021 International Chamber of Commerce (ICC) Rules of Arbitration in force from 1 January 2021 (ICC Rules). The ICC Rules apply to any ICC arbitrations commenced on or after 1 January 2021 unless the parties expressly agree that an earlier version of the ICC Rules will apply (eg, in the arbitration clause). The ICC’s expedited arbitration procedure was 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 2017 and 2012 editions of the ICC Rules, see: ICC arbitration—overview. When does the ICC expedited procedure apply? ICC, art 30 and Appendix VI (the Expedited Procedure Rules) contain the rules and provisions applicable under the ICC expedited procedure and are collectively referred
PRACTICE NOTES
This Practice Note considers fees, advances and costs under the 2021 International Chamber of Commerce (ICC) Rules of Arbitration (ICC Rules). The ICC Rules apply to any ICC arbitrations commenced on or after 1 January 2021, 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 2017 and 2012 editions of the ICC Rules, see: ICC arbitration—overview Arbitration costs under the ICC Rules The costs of ICC arbitration include: • the tribunal’s fees and expenses • ICC administrative expenses, fixed by the ICC Court • tribunal appointed experts' fees and expenses, and • parties' reasonable legal and other costs (ICC, art 38) Costs under the ICC Rules and alternative dispute resolution (ADR) rules of the ICC are notoriously 'front loaded'.
PRACTICE NOTES
This Practice Note considers the issues arising out of multi-party and/or multi-contract arbitration proceedings under the 2021 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. The 2021 ICC Rules apply to any ICC arbitrations commenced on or after 1 January 2021 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 2021 ICC Rules, see Practice Note: ICC—introduction to the ICC and arbitration under the ICC Rules. For links to guidance on the 2017 and 2012 editions of the ICC Rules, see: ICC arbitration—overview. Joinder of additional parties—introduction Article 7 of the ICC Rules deals with requests to join
PRACTICE NOTES
This Practice Note considers what a respondent should do upon receiving a Request for Arbitration under the 2021 International Chamber of Commerce (ICC) Rules of Arbitration (ICC Rules). The 2021 ICC Rules apply to any ICC arbitrations commenced on or after 1 January 2021 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 2021 ICC Rules, see Practice Note: ICC—introduction to the ICC and arbitration under the ICC Rules. For links to guidance on the 2017 and 2012 editions of the ICC Rules, see: ICC arbitration—overview. What to do on receiving the Request for Arbitration An 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 (2021)—starting an arbitration • Checklist: Starting an ICC (2021) arbitration—checklist Upon receiving a Request, the respondent/respondent’s counsel should examine whether: • the claim is brought under a valid
PRACTICE NOTES
This Practice Note considers how to commence an arbitration under the 2021 International Chamber of Commerce (ICC) Rules of Arbitration (ICC Rules). The ICC Rules apply to any ICC arbitrations commenced on or after 1 January 2021 unless the parties expressly agree that an earlier version of the ICC Rules will apply. For an introduction to the 2021 ICC Rules, see Practice Note: ICC—introduction to the ICC and arbitration under the ICC Rules. For links to guidance on the 2017 and 2012 editions of the ICC Rules, see: ICC arbitration—overview. Prior to commencing an arbitration pursuant to the ICC Rules When 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 matters including: • 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 (England & Wales)
PRACTICE NOTES
This Practice Note considers the requirements of an arbitral award under the 2021 International Chamber of Commerce (ICC) Rules of Arbitration (ICC Rules). The ICC Rules apply to any ICC arbitration commenced on or after 1 January 2021, 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 2021 ICC Rules, see Practice Note: ICC—introduction to the ICC and arbitration under the ICC Rules. For links to guidance on the 2017 and 2012 editions of the ICC Rules, see: ICC arbitration—overview. Requirements of an award Generally speaking, when an award is issued by an arbitral tribunal, the parties should promptly check that the award complies with: • the requirements of any arbitration rules under which the arbitration was conducted • the laws of the seat of arbitration (in England, the Arbitration Act 1996 (AA 1996)), and • the laws of the state(s)/jurisdiction(s) where the award is likely to be enforced and/or set aside sought For general guidance about arbitral awards,
CHECKLISTS
Before commencing the arbitration • assess any applicable limitation periods and/or contractual time bars under the governing substantive law, noting the ICC Rules do not set limitation periods or time bars (no ICC Article) • evaluate the claims you wish to raise in ICC arbitration and ensure they are covered by the arbitration agreement, including how pleas as to the existence, validity or scope of the arbitration agreement are handled at the prima facie stage (Article 6(3)–(4)) • consider where the award is likely to be enforced and whether interim or conservatory measures may be needed from the tribunal (once the file is transmitted) and/or from a competent judicial authority, and plan to notify the Secretariat of any court application or measure (Article 28(1)–(2)) • determine the number of arbitrators and note that, where the parties have not agreed, the ICC Court appoints a sole arbitrator unless it considers three arbitrators more appropriate (Article 12(2)) • select nominations for the appointment of the tribunal (if party-nominated) and ensure any prospective arbitrator can provide the required statement of acceptance, availability, impartiality and
NEWS
The International Chamber of Commerce (ICC) has published the final part of its six-part series on the 2026 ICC Arbitration Rules, which enter into force on 1 June 2026. The ICC explained that the updated Rules introduce changes to written communications, time limits for awards and confidentiality to improve efficiency, transparency and procedural clarity while preserving procedural flexibility. Written communications, including requests for arbitration, answers, counterclaims and requests for joinder, will be submitted electronically by default, with hard-copy submissions permitted only in limited circumstances where electronic transmission is impracticable or specific delivery methods are requested. The Rules also replace the previous six-month deadline for final awards with a framework under which the ICC President sets and may extend award deadlines based on the procedural timetable of each case, while retaining the separate timelines applicable to expedited procedures and maintaining existing measures to address unjustified delays. In addition, the Rules expressly require arbitrators to keep arbitration matters confidential, subject to limited exceptions, and encourage appropriate security measures to protect sensitive information, while leaving parties free to determine their own confidentiality arrangements and maintaining existing confidentiality obligations for ICC Court members and Secretariat staff.
NEWS
The International Chamber of Commerce (ICC) Canada has announced that it is holding the 2024 Arbitration Committee Annual Conference on 9 and 10 October 2024 in Vancouver, Canada. The conference is aimed delivering interactive discussion and debate on progressive topics in international dispute resolution.
NEWS
The International Chamber of Commerce (ICC) Commission on Arbitration and ADR has established a Task Force on Artificial Intelligence in Dispute Resolution and launched a survey to assess current AI practices across the arbitration community. Open to all practitioners in international arbitration from any jurisdiction—including counsel, arbitrators, in-house counsel, state representatives, experts and academics—the survey is anonymous and data will be used only in aggregated form to identify wider trends.