Part III Arbitral Rules, 16 Rules of Arbitration of the International Chamber of Commerce (ICC)

2019 ◽  
Author(s):  
Baumann Antje
Keyword(s):  
Dispute Resolution ◽  
Arbitral Tribunal ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Time Limits ◽  
Chamber Of Commerce ◽  
International Court ◽  
Arbitral Proceedings ◽  
Number Of Parties ◽  
International Chamber Of Commerce

This chapter discusses the arbitration rules of the International Chamber of Commerce (ICC). It begins with a background on the ICC International Court of Arbitration, with emphasis on its role in the development of international commercial arbitration. It then examines the 2017 ICC Arbitration Rules, citing some relevant figures related to ICC arbitration for the year 2017, including the number of parties involved in cases, the arbitral tribunals, and awards rendered by arbitral tribunals. Figures on other ICC dispute resolution rules are also given. The chapter concludes with a commentary of Articles 1–42 of the ICC Arbitration Rules, which cover topics such as definitions; time limits for written notifications or communications; request for arbitration and the respondent’s counterclaims to such a request; effect of the arbitration agreement; constitution of the arbitral tribunal; appointment, confirmation, challenge, and replacement of arbitrators; and rules of law applicable to the arbitral proceedings.

International Commercial Arbitration

2020 ◽  
pp. 768-791
Author(s):  
Yves Dezalay ◽  
Bryant G. Garth
Keyword(s):  
Developing Countries ◽  
Dispute Resolution ◽  
Multinational Enterprises ◽  
Global Trade ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Chamber Of Commerce ◽  
Institutional Entrepreneurs ◽  
Marginal Group ◽  
International Chamber Of Commerce

This chapter traces the development of international commercial arbitration, which is often presented as a response to the demand for law and dispute resolution created naturally by an increase in transnational commerce and investment. Indeed, the International Chamber of Commerce (ICC) in Paris was relatively marginal from its establishment in 1923 until the increase in global trade and commerce that came in the 1970s and 1980s. The demand naturally created the supply. Based on the recognition that this market was not inevitable, it has been argued that the rise of international commercial arbitration depended on institutional entrepreneurs around the ICC. The chapter then looks at how the relatively marginal group around the ICC that Sgard studies gained credibility and acceptance from both multinational enterprises and developing countries.

2 Arbitral Institutions

2015 ◽  
Author(s):  
Cohen Smutny Abby ◽  
Polášek Petr
Keyword(s):  
Hong Kong ◽  
Dispute Resolution ◽  
International Market ◽  
International Arbitration ◽  
Chamber Of Commerce ◽  
International Court ◽  
International Chamber Of Commerce

This chapter surveys arbitral institutions and arbitration rules relevant to the resolution of international financial disputes. It focuses on four factors that are important in the context of financial disputes: the selection and qualifications of the arbitrators; the speed and efficiency of the proceeding; the confidentiality of the proceeding; and the costs of the arbitration. Arbitral institutions covered include the Panel of Recognized International Market Experts in Finance (P.R.I.M.E. Finance), the International Court of Arbitration of the International Chamber of Commerce (ICC), the London Court of International Arbitration (LCIA), the International Centre for Dispute Resolution (ICDR), the International Centre for Settlement of Investment Disputes (ICSID), the Dubai International Arbitration Centre (DIAC), the Hong Kong International Arbitration Centre (HKIAC), and the Singapore International Arbitration Centre (SIAC).

scholarly journals NEWLY REFORMED PROCEEDINGS OF THE ARBITRATION AWARDS REVIEW AND INTERNATIONAL COMMERCIAL ARBITRATION AWARDS APPEAL IN CIVIL PROCEDURAL LEGISLATION OF UKRAINE

2019 ◽  
pp. 29-35
Author(s):  
Yu. Prytyka ◽  
D. Prytyka
Keyword(s):  
Judicial Review ◽  
Arbitral Tribunal ◽  
Unified Approach ◽  
Interested Party ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Time Limits ◽  
National Courts ◽  
Initial Stage ◽  
Legal Nature

This article deals with the novelties of the reformed procedural legislation of Ukraine on appealing the decision of arbitration court and international commercial arbitration, as well as on new approaches to determining the legal nature of the proceedings in cases of appealing arbitration awards. At the same time, this study shows that the specific practical problems of a unified approach to terminology absence, in particular, "appeal" by arbitral tribunal or "challenge" by international commercial arbitration, still remain. In this article the problems of determining the objects of appeal and the expansion of the range of subjects of appeal against the decisions of arbitral tribunals, as well as the disputable issues, determining the jurisdiction of this category of cases are also considered. Special attention is paid to the examining the procedure for reviewing applications for annulment of decisions of the arbitral tribunal and international commercial arbitration, in particular the initial stage of production, time limits for challenging the arbitration award. Taking this into account, authors identify the ways to resolve the abovementioned practical problems, as well as the prospects for further reform of the judicial review institution over the enforcement of arbitral tribunals and international commercial arbitration decisions. In conclusion, authors prove, that the activity of national courts does not include the revision of the decisions of arbitration courts and international commercial arbitrations, since national courts do not check the legality and validity of the decisions; they do not review the substantive decision. In this case we consider a special mechanism for the control over the abuse of arbitrators' powers granted to them by law and by the parties to the arbitration agreement during the dispute resolution.The purpose of an appeal is to provide the interested party with the opportunity to apply limited judicial review of the arbitral award.

scholarly journals The Role of Emergency Arbitrator in Commercial Arbitration (Comparative Study)

2018 ◽  
Vol 11 (4) ◽  
pp. 94
Author(s):  
Bassam Mustafa Tubishat ◽  
Khaldon Fawzi Qandah
Keyword(s):  
Comparative Study ◽  
Arbitral Tribunal ◽  
Legal Systems ◽  
Commercial Arbitration ◽  
Chamber Of Commerce ◽  
International Chamber Of Commerce

This study dealt with the arbitrator of emergency in commercial arbitration and this development is the most innovative in the rules of commercial arbitration of the International Chamber of Commerce in Paris in 1912, where a new trend was adopted with regard to interim and urgent measures before the final form of the arbitral tribunal. The International Chamber of Commerce has already adopted the rules of this system before the Arbitration Institute of the Stockholm Chamber of Commerce. The emergence of new systems in commercial arbitration needs to be examined in order to understand, interpret and check its suitability to the needs of the parties to the dispute in the framework of commercial arbitration. Among the most important new systems are the rules of emergency arbitrator, which have been taken by many commercial arbitration centers because of the advantages of one or both parties when it needs urgent and incidental measures that cannot wait until the formation of the arbitral tribunal. Therefore, the appointment of an emergency arbitrator may be requested for such measures. Many of the centers have organized such rules as Stockholm Rules of Arbitration in Sweden and ICC in Paris and others. The study concluded with a set of results, the most important of which was that the emergency arbitrator is one of the modern rules that serve commercial arbitration, which began by relying on Western legal systems not Arab laws.

scholarly journals International Commercial Arbitration and the Possible Application Thereof in Iraq

2019 ◽  
Vol 30 (1) ◽  
Author(s):  
علي فوزي الموسوي
Keyword(s):  
Judicial System ◽  
Arbitral Tribunal ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Arbitration Clause ◽  
International Court ◽  
Personal Status ◽  
Judicial Action ◽  
The Law ◽  
Commercial Disputes

 International commercial arbitration is a special judicial system based primarily on an agreement, be it an arbitration clause or an arbitration agreement (compromise), between parties to a dispute. It is therefore a system aiming at settling commercial disputes by submitting them to a single arbitrator, or an arbitral panel, or an arbitral tribunal (e. g. , the International Court of Arbitration). It is therefore also a means for settling an existing or future dispute that entails refraining from resorting to the competent judiciary. It is also an extra – judicial action aiming at establishing justice between people. The aim of arbitration is to bring justice to parties in conflict, but it is also designed to preserve peace among them, by providing solutions that are deemed satisfactory by each party, and through direct confrontation. It is a technical means for peaceful cooperation between countries with different systems. Resorting to international commercial arbitration is intended to solve a dispute based on a desire for reconciliation, to thereby avoid private retribution, without waiving the protection of the law, although it does entail waiver of state judges’ jurisdiction to rule over the dispute, since the parties choose their own judge. This type of Arbitration is called “international” if it relates to international commercial interests. Arbitration is also used in other areas, e. g. , personal status and tribal arbitration in Iraq. However, our study concentrates on international commercial arbitration and the possible application thereof in Iraq.

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