ICC begins publishing arbitrator information in drive for improved transparency
First the first time in its 93-year history, the International Court of Arbitration of the International Chamber of Commerce (ICC) has begun publishing information pertaining to the composition of ICC tribunals; a major step forward for transparency in ICC Arbitration.
The move to publish such information was unanimously adopted at the Bureau of the Court at a session in December 2015.
Information subject to publication includes the names of the arbitrators and their nationality, if the appointment was made by the Court or by the parties, whether each arbitrator is the president, a sole arbitrator or party-appointed arbitrator.
“The decision to make information available was taken as a direct response to increasing demand for transparency in international arbitration,” said Court President Alexis Mourre. I have no doubt that it will also serve to demonstrate the high quality of ICC tribunals while promoting regional, generational and gender diversity in the appointment of arbitrators.”
In keeping with the new development, information will be published once a tribunal is constituted and updated should there be changes to the tribunal’s composition without divulging reasons for the change. The information will apply to all cases registered as of 1 January 2016.
The decision to make information available was taken as a direct response to increasing demand for transparency in international arbitration.
Information will remain publicly available on the ICC website once a case is terminated and could assist users of ICC’s leading arbitral services to determine if an arbitrator is suitable for appointment in their respective cases.
ICC has underscored that in order not to compromise expectations of confidentiality that may be important to the parties, the reference number assigned to cases and the names of each parties and counsel will not be published. Parties will, by mutual agreement, also have the option of opting out of this limited disclosure. They may also request the Court to publish additional information about a particular case.
The step to publish information is just one in a series of ICC new measures and guidance rules aimed at improving transparency and efficiency of its world class dispute resolution services.
Earlier this year, the Court also issued a guidance note to arbitrators and parties characterising what circumstances an arbitrator, or prospective arbitrator, should consider disclosing to parties that could potentially give rise to questions about his or her independence or impartiality.