ICC Arbitration Commission Report on Arbitration Involving States and State Entities under the ICC Rules of Arbitration

The Report of the ICC Commission on Arbitration on States, States Entities and ICC Arbitration explains how ICC arbitration works when states and state entities are involved, including investment arbitrations.

The Report suggests modifications of the standard ICC arbitration clause that states, state entities and their contractual counterparts may wish to consider including in their contracts with respect to the number of arbitrators, the time limits, the confidentiality of the proceedings and other aspects.

The Report also illustrates the new provisions contained in the 2012 ICC Rules of Arbitration to facilitate and further the participation of states and state entities in ICC arbitrations and the practices of the ICC Court in the handling of these arbitrations.

Table of Contents

• Introduction
• Background
• The arbitration agreement
  • Commercial arbitration
  • Investment arbitration
• Procedure
  • Provisions added to the ICC Rules in 2012 to take into account the particularities of ICC arbitration involving states and state entities
  • Practices of the Court in ICC arbitrations involving states and state entities