Over two hundred practicing lawyers, corporate counsels, dispute resolution practitioners and academics from around the world participated in the 11th International Chamber of Commerce (ICC) New York Conference on International Arbitration on September 14, 2016.

The high-level event proved to be a successful blend of thought-provoking discussions and stimulating networking opportunities for professionals wanting to keep pace with the latest North America arbitration trends.

The one-day conference kicked off with speeches from ICC International Court of Arbitration President Alexis Mourre and ICC Court Secretary General Andrea Carlevaris. During his address, Mourre outlined principle objectives and long-term vision for the Court.

Finding balance in institutional reform

Lauded as the International Chamber of Commerce’s (ICC) biggest educational event of the year, the International Commercial Mediation Week is the premier international mediation moot, run by the ICC International Centre for ADR.

After six days and 147 rigorous and fast-paced mock mediation sessions, the University of New South Wales’ Katherine Mackellar, Connor Taylor, Roshan Evans and Self Rumbewas have been crowned as the winners of the 11th ICC International Commercial Mediation Competition, which was held on February 10 in Paris at the Maison du Barreau.

The final capped off an exciting Mediation Week that originally began with 65 teams from 32 countries who put their problem-solving skills to the test in real cross-border commercial dispute scenarios. However, it was the efforts of the University of New South Wales (Australia) that turned out to be the most victorious against Auckland University (New Zealand). Two U.S. schools – Cornell Law School and Pepperdine University – qualified for the competition’s quarterfinals.

The final problem was drafted by Rosemary Jackson, who is part of an international working group of mediation experts. It involved a dispute between a world-renowned pastry chef and an exclusive caterer to the stars with a failed icing situation. The bittersweet issue was observed by 350 spectators.

The winners not only walk away with coveted internships at the International Chamber of Commerce (ICC) International Centre for ADR, as well as the Centre for Effective Dispute Resolution as part of the Competition’s prize, but an ample amount of first-hand experience, advice from and connections with world renowned mediators.

The team, which was headed by Competition veteran, Rosemary Howell, was selected for their communication skills, strong presence and teamwork after a thorough selection process that included an interview, written application and several other examinations.

“It is my last year at university, so it is an incredible high note to go out on,” said Mackeller who represented her team in the final.

“My sincere congratulations go out to everyone who participated in this year’s Mediation Competition,” said Andrea Carlevaris, director of ICC’s dispute resolution services and secretary general of ICC’s International Court of Arbitration. “We certainly hope that all students will return home having forged some exceptional connections in addition to having further built upon their already outstanding skills and knowledge in support of mediation as an alternative form of dispute resolution.”

The International Chamber of Commerce (ICC) Commission on Arbitration and ADR has released a new report as part of its continued work to improve the management of time and costs in international arbitral proceedings.

The ICC Report, “Decisions on Costs in International Arbitration,” examines how the costs of an arbitration can be allocated between parties and sheds light on the specific roles of arbitrators, parties and counsel in using cost allocation as a case management tool.

Under the 2012 ICC Arbitration Rules, an arbitral tribunal has a broad discretion when it comes to allocating the costs of the arbitration between the parties.

While affirming that there is no definitive approach to costs allocation in international arbitration, the report, produced by the Task Force on Decisions as to Costs of the ICC commission on Arbitration and ADR, describes current approaches and practices that can help arbitrators and parties to conduct ICC proceedings in an effective and cost efficient way.

The International Chamber of Commerce (ICC) International Court of Arbitration® announced two major decisions aimed at enhancing the efficiency and transparency of ICC arbitration proceedings. Both decisions were unanimously adopted and announced at the Bureau of the Court at its session on December 17, 2015.

Promoting transparency for users and other stakeholders

As of January 1, 2016, the Court will publish online the names of the arbitrators sitting on ICC cases, their nationality, and whether their appointment was made by the Court or by the parties, as well as which arbitrator is the tribunal chairperson.

This information will be published once the tribunal is constituted and updated in case of changes to the tribunal’s composition. The information will remain on the court’s website after the case is terminated. In order not to compromise party confidentiality, the case reference number and the names of the parties and of counsel will not be published.

Parties will, by mutual agreement, have the option of opting out of this limited disclosure. They may also request the Court to publish additional information about a particular case.

Cost consequences for unjustified delays in submitting awards

In a further groundbreaking move, the Court stated that ICC arbitral tribunals are expected to submit draft awards within three months of the last substantive hearing concerning matters to be decided in an award or, if later, the filing of the last written submissions. This timeframe will be set at two months for cases heard by sole arbitrators. If a draft award is submitted beyond that timeframe, the Court may lower the arbitrators’ fees by up to 20 percent.

In deciding on such reductions, the Court will take into account any delays incurred in the submission of one or more partial awards. As a further measure to encourage efficiency, the new policy provides the Court with the possibility to increase the arbitrators’ fees above the amount that it would otherwise have considered fixing in cases where a tribunal has conducted the arbitration expeditiously.

“Users are concerned by the time and costs of international arbitrations, and rightly so,” said Alexis Mourre, president of the ICC Court. “The expeditious resolution of disputes is one of our top priorities.”

Mourre continued: “By releasing this new note, we send a clear signal to tribunals that unjustified delays will not be tolerated, and we provide transparency on the consequences that the Court will draw from such situations.”