Pre-arbitral referee

Not all contracts run their course as they should. Sometimes problems can emerge and require immediate attention. Our pre-arbitral procedure is intended to function as a convenient alternative, independent of a court or arbitral tribunal, to allow parties a rapid option for an empowered person to make an order on an urgent issue.

When difficulties arise in contractual relationships, the pre-arbitral procedure allows parties to apply for a “referee” for urgent provisionals measures—prior to referral to arbitration. To begin the process, a written agreement between the two parties is needed. This can be done either as part of the relevant contract or afterwards. In the absence of any written agreement, the urgent measures may be requested to a judicial court or to an emergency arbitrator following the ICC Rules of Arbitration.

The pre-arbitral procedure is not a substitute for arbitration or state courts with respect to the substance of a dispute. Instead, it is simply a way of rapidly getting an urgently required temporary measure. The “Referee,” who is either chosen by the parties or appointed by the President of the Court, has the power to order provisional conservatory measures before a court or arbitral tribunal is seized on the merits.

Pre-Arbitral Referee rules

The Rules for a Pre-Arbitral Referee Procedure enable parties to obtain urgent measures when difficulties arise in contractual relationships.

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Pre-Arbitral Referee Clauses

Contracting parties wishing to resort to ICC pre-arbitral referee procedure should reach a specific and clear agreement to that effect.

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Pre-Arbitral Referee procedure

The pre-arbitral referee procedure is designed to meet emergency cases requiring provisional measures at a very short notice.

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Filing a request for referee

A party who requires the appointment of a Referee must send two copies of its Request and of any annexed documents to the Secretariat.

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Costs and payment

The amount required to open the file (Article 3.2.1 of the Rules) is US$5,000.

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