Rules and Procedure
If ICC Arbitration is chosen by the parties as the dispute resolution method, it should be agreed upon when negotiating contracts or treaties. However, if both parties agree, such agreement can also be entered to after a dispute has arisen.
It is recommended that parties wishing to make reference to ICC Arbitration in their contracts use the standard clause below.
Standard ICC Arbitration Clause
All disputes arising out of or in connection with the present contract shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules.
Parties are free to adapt the clause to their particular circumstances. For instance, they may wish to stipulate the number of arbitrators given that the ICC Arbitration Rules contain a presumption in favour of a sole arbitrator.
When adapting the clause, care must be taken to avoid any risk of ambiguity. Unclear wording in the clause will cause uncertainty and delay and can hinder or even compromise the dispute resolution process.
Parties should also take account of any factors that may affect the enforceability of the clause under applicable law. These include any mandatory requirements that may exist at the place of arbitration and the expected place or places of enforcement.
ICC Arbitration without Emergency Arbitrator
If the parties wish to exclude any recourse to the Emergency Arbitrator Provisions, they must expressly opt out by adding the following wording to the clause above:
The Emergency Arbitrator Provisions shall not apply.
The ICC Arbitration Rules provide for use of an expedited procedure in lower-value cases. If parties wish to exclude the application of the Expedited Procedure Provisions, they must expressly opt out by adding the following wording to the clause above:
The Expedited Procedure Provisions shall not apply.
Parties wishing to avail themselves of the expedited procedure in higher-value cases should expressly opt in by adding the following wording to the clause above:
The parties agree, pursuant to Article 30(2)(b) of the Rules of Arbitration of the International Chamber of Commerce, that the Expedited Procedure Rules shall apply irrespective of the amount in dispute.
If parties wish the ceiling for the application of the Expedited Procedure Rules to be higher than that specified in those Rules, the following wording should be added to the clause above:
The parties agree, pursuant to Article 30(2)(b) of the Rules of Arbitration of the International Chamber of Commerce, that the Expedited Procedure Rules shall apply, provided the amount in dispute does not exceed US$ [specify amount] at the time of the communication referred to in Article 1(3) of the Expedited Procedure Rules.
Standard ICC Arbitration Clause without Publication of Awards
All disputes arising out of or in connection with the present contract shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules. No award or procedural order made in the arbitration shall be published.
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CC Arbitration may be used as the forum for final determination of a dispute following an attempt at settlement by other means such as mediation. Parties wishing to include in their contracts a tiered dispute resolution clause combining ICC Arbitration with ICC Mediation should refer to the standard clauses relating to the ICC Mediation Rules.
Other combinations of services are also possible. For instance, arbitration may be used as a fallback to expertise or dispute boards. Also, parties who resort to ICC Arbitration may wish to provide for recourse to the ICC International Centre for ADR for the proposal of an expert if an expert opinion is required in the course of the arbitration.
The parties may also wish to stipulate in the arbitration clause:
- the law governing the contract;
- the number of arbitrators;
- the place of arbitration; and/or
- the language of the arbitration.
- the law governing the arbitration agreement
The standard clause can be modified in order to take account of the requirements of national laws and any other special requirements that the parties may have. In particular, parties should always check for any mandatory arbitration. For example, it is prudent for parties wishing to have an ICC Arbitration in Mainland China to include in their arbitration clause an explicit reference to the ICC International Court of Arbitration.
The following language is suggested for this purpose:
“All disputes arising out of or in connection with the present contract shall be submitted to the International Court of Arbitration of the International Chamber of Commerce and shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules.”
Conduct of Arbitration
Unlike other institutions, ICC Court and its Secretariat monitor the entire arbitral process—from the filing of the request for arbitration to scrutiny and notification of the final award. We also assist the parties in complying with whatever further formalaties may be necessary in relation to the enforcement of an ICC Award. Our purpose is to ensure proper application of the ICC Rules, as well as assist the parties and arbitrators in overcoming procedural obstacles.
The Secretariat of the ICC Court issued a Note intented to provide parties and arbitral tribunals with practical guidance concerning the conduct of arbitrations under the ICC Rules of Arbitration as well as the practices of the ICC Court (see Note to the Parties and Arbitral Tribunals on the Conduct of Arbitration).