Arbitration & ADR Commission
New report and guide to drive thought leadership in dispute prevention and resolution
New ICC ADR report and guide aim to prevent disputes and preserve relationships for all businesses and states.
Go directly to:
Download the guide and report
Released today, the ICC Commission on Arbitration and ADR’s latest report and guide will increase awareness of different dispute resolution techniques and on how to facilitate settlement of disputes in international arbitration.
Marking the Centenary of the ICC International Court of Arbitration®, the latest publications deliver on a pledge set out in the ICC Centenary Declaration on Dispute Resolution to drive thought leadership in dispute prevention and resolution through innovative services, best practices and standards that meet the evolving needs of an ever-wider range of businesses and markets.
The Guide on Effective Conflict Management offers guidance in selecting the most appropriate ADR technique and explains how to efficiently use them to avoid escalation, resolve disputes and reduce the cost of unavoidable disputes, before and after the commencement of arbitration proceedings. It describes the available ICC Dispute Resolution Services and gives examples of how they can be used either as standalone mechanisms or combined.
The Report on Facilitating Settlement in International Arbitration proposes ways allowing parties to settle disputes even once arbitration has begun, thereby preserving business relationships.
Driven by the needs of businesses, both publications target a wide range of businesses, from SMEs to multinational corporations, as well as states, external counsel using ICC dispute resolution services, alongside arbitrators, mediators and other ADR service providers.
The publications are the work of the ICC Task Force on ADR and Arbitration, created by the ICC Commission on Arbitration and ADR, as highlighted by Chiann Bao, Co-Chair of the Task Force:
“The guide and the report are the product of a task force comprised of experienced practitioners, including external counsel, arbitrators and mediators and, importantly, the representatives of corporates and states themselves.”
“The Effective Conflict Management Guide will be a valuable resource for business managers and their in-house counsel when adapting conflict management strategies to their own circumstances,” said Aisha Nadar, Vice Chair of the ICC Commission on Arbitration and ADR.
“Arbitrators facilitating settlement is a common practice for some, but brand new territory for most. Increased interest in this developing role for arbitrators means that all practitioners should know how it can be done effectively and the pitfalls to avoid – reading the Report on Settlement Facilitation is a good place to start,” said Christopher Newmark, Co-Chair of the Task Force.
Download the Guide on Effective Conflict Management and the Report on Facilitating Settlement in International Arbitration on top of the page.
The Guide on Effective Conflict Management commences with an introduction and an overview of main recommendations and is followed by two main sections and one appendix. It also includes a helpful standalone infographic.
- Section 1 – Proactive Conflict Management covers the ways in which business can approach conflict management without assistance
- Section 2 – Assisted Conflict Management covers ICC ADR Services and how and when to effectively use them.
- Appendix I Pre-Action Risk Assessment Tool
The Report on Facilitating Settlement in International Arbitration is broken down into three main sections:
- Case Management Techniques
- Mediation Windows and Protocols
- Preliminary Views and Settlement Conferences
This latest Commission report informs businesses and their lawyers about the facilitating role that arbitrators may play and equips arbitration professionals to facilitate settlement, while safeguarding the arbitral process. It provides guidance on the available case management techniques and the role that parties, tribunals and institutions can usefully play in that process.
After deep diving into the dispute resolution needs of the global business community and States, the latest ICC Commission’s guide and the report are driven by in-house counsel, for in-house counsel. They spotlight the differences and possible interactions between arbitration, mediation, expert determination, neutral evaluation, and dispute. Thanks to the Commission’s unique position in the global arbitration and ADR community and beyond, the Commission benefitted from different experiences, knowledge, information, and perspectives worldwide and across different sectors.
We hope that the guide and the report will assist businesses in selecting the most appropriate dispute prevention and resolution method to continue making business work for everyone, every day and everywhere.
These new Commission report and guide deliver on our pledge set out in the ICC Centenary Declaration on Dispute Prevention and Resolution, launched earlier this year to drive thought leadership in dispute prevention and resolution through innovative services, best practices and standards that meet the evolving needs of an ever-wider range of businesses and markets.
