New rules attract international arbitration cases
The International Court of Arbitration of the International Chamber of Commerce (ICC) received 759 requests for arbitration and rendered 491 awards in 2012, the first year in which the new 2012 ICC Rules of Arbitration took effect.
Notably, two applications for emergency measures pursuant to the new emergency arbitrator provisions in Article 29 of the ICC Rules of Arbitration and Appendix V to the Rules were submitted. In one of these applications the emergency arbitrator was appointed within one day and involved parties from the United Kingdom. The place of the emergency procedure and of the arbitration was in London. The other application was not admissible pursuant to Article 29(6) of the ICC Rules of Arbitration.
Multiple parties and multiple contracts
Articles 7 to 10 of the ICC Rules of Arbitration provide for a transparent and user-friendly procedure for the joinder of additional parties, for situations where claims are raised between multiple parties, for situations where there are multiple contracts, and for the consolidations of arbitrations.
In 2012, while the percentage of cases involving more than two parties is constant, the number of consolidations accepted has increased.
The number of requests for joinder of additional parties decreased. Less than half of the requests were made pursuant to Article 7 of the 2012 Rules, which states that the additional parties are joined immediately and become parties with all rights and obligations.
A high level of activity
In all, arbitration requests involved 2,036 parties, with almost 10% of cases involving state or parastatal entities.
The last four years have seen exceptional activity, with an average of 791 cases registered per year and 473 awards given.The 2012 statistics underline the ICC International Court of Arbitration’s leading international position.
International position of ICC
The 2012 statistics underline the ICC International Court of Arbitration’s leading international position.
Requests were received from 137 countries and independent territories, with arbitrations taking place in 59 countries. Arbitrators of 76 nationalities also were appointed or confirmed under the ICC Rules.
Since its creation in 1923, the International Court of Arbitration has administered more than 19,000 disputes involving parties and arbitrators from 180 countries and independent territories.
The Rules that became effective on 1 January 2012 were the product of a two-year review by the ICC Commission on Arbitration that sought to reinforce the Court’s commitment towards an efficient and cost-effective arbitration process, responsive to the interests and requirements of users worldwide.
The ICC Rules of Arbitration can be downloaded here.
Download ICC arbitration statistics from 1999 and on.
The full statistical report for 2012 will be published on the ICC Dispute Resolution Library later in the year.
View the Key aspects of ICC Arbitration and guidance regarding the impact of the 2012 Rules.