Approved by the Bureau of the Court on 25 October 2017 and discussed at the Court’s annual Working Session from 26-27 October 2017, the new note provides guidance on the immediate dismissal of manifestly unmeritorious claims or defences.
The note stresses that such a case management tool is available under Article 22 of the 2017 ICC Rules. Any party may thus apply to the tribunal for the expeditious determination of one or more manifestly unmeritorious claims or defences. Applications must be made as soon as possible in the arbitration, the tribunal has full discretion as to whether they should proceed, and it will decide them as promptly as possible after giving to the parties a proper opportunity to be heard. The Court will scrutinise any award made on an application for the expeditious determination of a claim or defence in principle within one week of receipt by the Secretariat.
The President of the ICC International Court of Arbitration Alexis Mourre said: “The immediate disposition of a manifestly unmeritorious claim or defence may, in the proper circumstances, be a useful tool to increase the time and cost efficiency of the arbitration. This addition aims at clarifying that this procedural tool is available under the ICC Rules of Arbitration.”
The note was last updated in March, providing detailed guidance on the new Expedited Rules.
Read the amendment in full by downloading the ICC practice note to parties and arbitral tribunals.