ICC International Court of Arbitration

The International Court of Arbitration at the International Chamber of Commerce (ICC) (hereinafter referred to as the “International Court of Arbitration”, “ICC International Court of Arbitration”) is the world’s leading arbitration institution and has been helping to resolve international commercial and investment disputes since 1923.

The function of the International Court of Arbitration is to ensure the application of the ICC Arbitration Rules, and it has all the necessary powers for this purpose. ICC offices are located in Paris, New York, Sao Paulo, Singapore, Abu Dhabi and Hong Kong.

Arbitration under the ICC Arbitration Rules is a formal procedure leading to a binding decision by a neutral arbitral tribunal, subject to the enforcement of both domestic arbitration law and international treaties, such as the 1958 New York Convention.

Mediation under the ICC Mediation Rules is a flexible procedure designed to achieve a negotiated settlement with the assistance of a neutral intermediary. Parties wishing to use ICC arbitration, mediation, or both are encouraged to include an appropriate dispute resolution provision in their agreements.

It should be noted that the responsibilities of the ICC International Court of Arbitration include:

1. confirming, appointing and replacing arbitrators and deciding any claims brought against them;
2. monitoring the arbitration process to ensure that it is conducted properly and with the required speed and efficiency;
3. carefully reviewing and approving all arbitral awards to enhance their quality and enforceability;
4. fixing, administering and, where appropriate, adjusting the arbitrators’ fees and advance payments;
5. supervising emergency proceedings prior to the commencement of arbitration.

The Court does not itself resolve disputes; it administers the resolution of disputes by arbitral tribunals in accordance with the ICC Arbitration Rules. A party wishing to refer to arbitration under the Rules shall submit its Request for Arbitration to the Secretariat at any of the designated offices. The Request shall contain the following information:

1. the full name, description, address and other contact details of each of the parties;
2. the full name, address and other contact details of any person(s) representing the claimant in the arbitration;
3. a description of the nature and circumstances of the dispute giving rise to the claims and the basis on which the claims are made;
4. a statement of the relief sought, together with the amounts of any quantitative claims and, to the extent possible, an estimate of the monetary value of any other claims;
5. any relevant agreements and, in particular, the arbitration agreement;
6. where the claims are brought under more than one arbitration agreement, an indication of the arbitration agreement under which each claim is brought;
7. all relevant information and any observations or suggestions concerning the number of arbitrators and their choice;
8. all relevant information and any observations or suggestions concerning the place of the arbitration, the applicable law and the language of the arbitration.

The claimant may submit with the Request such other documents or information as it considers relevant or as may facilitate the efficient resolution of the dispute. In addition, with the Request the claimant must:

1. pay the filing fee;
2. provide a sufficient number of copies of the Request for each other party, each arbitrator and the Secretariat, if the claimant requests service of the Request by signature, registered mail or courier.

Within 30 days of receipt of the Request from the Secretariat, the respondent must submit a response, which must include the following information:

1. its full name, description, address and other contact information;
2. the full name, address and other contact information of any person(s) representing the respondent in the arbitration;
3. its comments on the nature and circumstances of the dispute giving rise to the claims and the basis on which the claims are made;
4. its response to the relief requested;
5. any comments or suggestions regarding the number of arbitrators and their choice in light of the claimant’s proposals;
6. any comments or proposals concerning the place of arbitration, the applicable law and the language of the arbitration.

The respondent may submit with the answer such other documents or information as it considers relevant or as may facilitate the effective resolution of the dispute.

The period within which the arbitral tribunal must render its final award shall be 6 months. Such period shall commence from the date on which the arbitral tribunal or the parties last signed the terms of reference or from the date on which the secretariat notifies the arbitral tribunal of its approval of the terms of reference. However, the tribunal may fix a different period on the basis of the procedural timetable.

The place of the arbitration shall be determined by the tribunal unless the parties so agree, although the arbitral tribunal may, after consultation with the parties, hold hearings and meetings at any place it considers appropriate, unless the parties otherwise agree. In addition, the parties are free to agree on the rules of law to be applied by the arbitral tribunal to the merits of the dispute, but in the absence of any such agreement, the arbitral tribunal shall apply the rules of law it considers appropriate.

In this case, any claims arising out of or in connection with the conduct of arbitration proceedings by the court in accordance with the rules are governed by French law and resolved by the Paris Judicial Tribunal (“Tribunal Judiciaire de Paris”) in France, which has exclusive jurisdiction.

In addition, the ICC Arbitration Rules establish that if the parties have agreed to refer to arbitration in accordance with the ICC Rules, they are considered to have ipso facto submitted to the Rules in force on the date of the commencement of arbitration, unless they have agreed to submit to the Rules in force on the date of their conclusion of the arbitration agreement.

Dispute resolution with the participation of the International Arbitration Court allows participants in foreign economic transactions to resolve disagreements with minimal and timely costs.

Legal services

1. Consulting on applying to the ICC International Arbitration Court
2. Preparation of documents for applying to the ICC International Arbitration Court
3. Legal support of cases in the International Arbitration Court and representation in disputes