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ICC Arbitration AT A GLANCE. Andrea Carlevaris, Secretary General Ulaanbaatar , 27 March 2014. The ICC. The ICC is an international organization providing services and setting standards and policies for businesses and sovereign States. It is independent of any State or government

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icc arbitration at a glance

ICC Arbitration AT A GLANCE

Andrea Carlevaris, Secretary General

Ulaanbaatar, 27 March 2014

the icc
The ICC
  • The ICC is an international organization providing services and setting standards and policies for businesses and sovereign States. It is independent of any State or government
  • The founders of the ICC considered international dispute resolution to be essential to the growth of international trade as a source of world peace
  • The first set of arbitration rules were established in 1922
  • The International Court of Arbitration (“the Court”) was created in 1923 as the arbitration body of ICC
general statistics 2013
GENERAL STATISTICS 2013
  • 767 new cases
  • 1,511 pending cases
  • 70,4% filed with amount in dispute over US$ 1m
  • Average amount in dispute: US$ 81,2m
  • 6 applications for emergency measures
  • 11,2% state or parastatal entities
overview of new features
Overview of New Features

Clarification of existing practice

Modernisation

Efficiency

Clarification of existing practice

Clarification of existing practice

Clarification of existing practice

Efficiency

Efficiency

Clarification of existing practice

Modernisation

mileposts
Mileposts

2012

2012

2012

ea timeline
EA Timeline

Terminates if Request for Arbitration is not filed within 10 days of the Application

1

5

3

18

Day

the arbitral tribunal
The Arbitral Tribunal

Clarification of practice

Efficiency

Clarification of practice

Modernisation

Modernisation

Efficiency

Modernisation

Modernisation

options regarding appointment
Options regarding appointment

The sole arbitrator or president shall be of a nationality other than those of the parties

2012

2012

However, in suitable circumstances and if no party objects within the time fixed by the Court, they may be chosen from a county of which any of the parties is a national

defining awards
Definingawards
  • Differentlegalconsequences:
  • onlyawards have resjudicataeffects
  • onlyawardscanbeenforced (if not voluntarilycompliedwith) and challenged
  • Differentproceduralregime:
  • scrutiny by the Court (Article 33)
  • majorityrule (and casting vote of the presidingarbitrator)
  • motivation (Article 31(2))
  • time limit (Article 30)
  • notification by the Secretariat (Article 34(1))
  • Correction, interpretation and remission (Article 35)
  • Absence of uniformdefinition:
  • substance over form
  • decisionthatfinallysettles the dispute or an aspect of it
the scrutiny process article 33
The scrutinyProcess (article 33)

Court scrutinizes draft

Second level review

First level review by

Counsel in charge of

the case

Draft sent to

the Secretariat by

arbitral tribunal

Approves

Approves, subject

to comments

Sends back to tribunal

Revise draft

based on the

Court’s comments

Comments sent to

tribunal, revised draft

reviewed

Tribunal signs award,

sends it to the

Secretariat

Secretariat notifies

award to the parties

benefits of scrutiny
BENEFITS OF SCRUTINY
  • Particularly relevant in cases involvinglessexperiencedarbitrators
  • Improves the quality of the award
  • Knowledge of the case by the Secretariat
  • Knowledge of enforcement/validityrequirements by the Court

Enhancesenforceability

experience
Experience

2002:

359 Awards

34 not approved

217 approved “subject to”

142 just approved

2012:

491 Awards

59 not approved

483 approved “subject to”

8 just approved