This Note explains the role of ICC National Committees and Groups (“Committees and Groups”) in the appointment of arbitrators pursuant to the ICC Rules of Arbitration (“ICC Rules”). In particular, the Note addresses the desired interaction between Committees and Groups, the ICC International Court of Arbitration (“Court”) and its Secretariat (“Secretariat”).
The term “ICC Rules” in this Note refers to the version of the ICC Rules that applies in any given case including, but not limited to, the 2017 and 2021 ICC Rules. The term “president” refers to the chairman of the arbitral tribunal under the 1998 ICC Rules and/or to the president of the arbitral tribunal under the 2012, 2017 and 2021 ICC Rules.
For ease of reference, a practical Checklist for Proposing Arbitrators is annexed for Committees and Groups to use when they are invited to propose a prospective arbitrator.
Although this Note refers to the appointment of arbitrators, it applies mutatis mutandis to all appointments made by ICC upon the proposal of a Committee or Group, including but not limited to mediators and experts.