Thứ Bảy, 4 tháng 10, 2014
ICC Rules of Arbitration are used worldwide to resolve business disputes through arbitration. The current Rules are in force as from 1 January 2012.
They define and regulate the conduct of cases submitted to the International Court of Arbitration of ICC. In choosing to follow these rules, parties involved in international business transactions are assured of a neutral framework for the resolution of cross-border disputes.
Commonly known as the ICC Rules, the rules of arbitration govern the conduct of ICC arbitration proceedings from start to finish. They regulate the filing of claims, the constitution of arbitral tribunals, the conduct of proceedings, the rendering of decisions and the determination of costs. While offering security and predictability, the ICC Rules also accommodate any preferences parties in dispute might have with respect to certain aspects of the proceedings, such as the choice of arbitrators, the place, and the language of arbitration. In all matters that are not expressly provided for in the ICC Rules, the Court and Arbitral Tribunal act in the spirit of the Rules and make every effort to have an enforceable Award.
Such balance between flexibility and control has led to the popularity of the ICC Rules in the diverse legal, economic, cultural and linguistic settings of some 180 countries.
The ICC International Court of Arbitration is the only body authorized to administer arbitrations under the Rules.
Contents
Introductory Provisions
International Court of Arbitration
| |
Definitions
| |
Written Notifications or Communications; Time Limits
|
Commencing the Arbitration
Request for Arbitration
| |
Answer to the Request; Counterclaims
| |
Effect of the Arbitration Agreement
|
Multiple Parties, Multiple Contracts and Consolidation
Joinder of Additional Parties
| |
Claims Between Multiple Parties
| |
Multiple Contracts
| |
Consolidation of Arbitrations
|
The Arbitral Tribunal
General Provisions
| |
Constitution of the Arbitral Tribunal
| |
Appointment and Confirmation of the Arbitrators
| |
Challenge of Arbitrators
| |
Replacement of Arbitrators
|
The Arbitral Proceedings
Transmission of the File to the Arbitral Tribunal
| |
Proof of Authority
| |
Place of the Arbitration
| |
Rules Governing the Proceedings
| |
Language of the Arbitration
| |
Applicable Rules of Law
| |
Conduct of the Arbitration
| |
Terms of Reference
| |
Case Management Conference and Procedural Timetable
| |
Establishing the Facts of the Case
| |
Hearings
| |
Closing of the Proceedings and Date for Submission of Draft Awards
| |
Conservatory and Interim Measures
| |
Emergency Arbitrator
|
Awards
Time Limit for the Final Award
| |
Making of the Award
| |
Award by Consent
| |
Scrutiny of the Award by the Court
| |
Notification, Deposit and Enforceability of the Award
| |
Correction and Interpretation of the Award; Remission of Awards
|
Costs
Advance to Cover the Costs of the Arbitration
| |
Decision as to the Costs of the Arbitration
|
Miscellaneous
Modified Time Limits
| |
Waiver
| |
Limitation of Liability
| |
General Rule
|
Appendix I – Statutes of the International Court of Arbitration
Function
| |
Composition of the Court
| |
Appointment
| |
Plenary Session of the Court
| |
Committees
| |
Confidentiality
| |
Modification of the Rules of Arbitration
|
Appendix II – Internal Rules of the International Court of Arbitration
Confidential Character of the Work of the International Court of Arbitration
| |
Participation of Members of the International Court of Arbitration in ICC Arbitration
| |
Relations between the Members of the Court and the ICC National Committees and Groups
| |
Committee of the Court
| |
Court Secretariat
| |
Scrutiny of Arbitral Awards
|
Appendix III – Arbitration Costs and Fees
Advance on Costs
| |
Costs and Fees
| |
ICC as Appointing Authority
| |
Scales of Administrative Expenses and Arbitrator’s Fees
|
Appendix IV – Case Management Techniques
Appendix V – Emergency Arbitrator Rules
Application for Emergency Measures
| |
Appointment of the Emergency Arbitrator; Transmission of the File
| |
Challenge of an Emergency Arbitrator
| |
Place of the Emergency Arbitrator Proceedings
| |
Proceedings
| |
Order
| |
Costs of the Emergency Arbitrator Proceedings
| |
General Rule
|
