Nancy Thevenin Archives

As New York Facility Begins Administering Cases, ICC Arbitration Passes Milestone

Published on February 7, 2014
SICANA team members in New York (L-R): Sherlin Tung, Suzanne Ulicny, Rachel Clarke, Rocio Digon, Steven Holder, Josefa Sicard-Mirabal.
SICANA team members in New York (L-R): Sherlin Tung, Suzanne Ulicny, Rachel Clarke, Rocio Digon, Steven Holder, Josefa Sicard-Mirabal.

The International Court of Arbitration® of the International Chamber of Commerce registered its 20,000th case, just as the Court’s new facility to administer ICC arbitrations in North America formally opened its doors in New York City.

On January 27, SICANA, the U.S. corporate entity responsible for the administration of cases under ICC dispute resolution rules, and for the promotion of ICC dispute resolution services in North America, started administering existing cases and registering new requests for arbitration.

That evening, a welcoming reception to celebrate the opening of SICANA – housed at the same Midtown Manhattan address as USCIB’s headquarters – was presided over by ICC Chairman Terry McGraw, chairman of McGraw Hill Financial [now S&P Global].

“ICC has been firmly committed to establishing a presence in one of the Court’s most important markets for some time,” said Court President John Beechey. “I am delighted that that ambition has now been realized with the start of the Court’s operations in New York, where cases are now being administered and may be registered. This is a very important development for the Court’s business worldwide.”

The New York office, led by SICANA Executive Director Josefa Sicard-Mirabal, encompasses an educational and training team, including deputy directors Rachel Clarke and Suzanne Ulicny, and a case management team which includes:  Rocio Digon, counsel; Steven Holder, deputy counsel; and Sherlin Tung, deputy counsel.

SICANA Executive Director Josefa Sicard-Mirabal with ICC Chairman Terry McGraw (center) and USCIB President and CEO Peter Robinson.
SICANA Executive Director Josefa Sicard-Mirabal with ICC Chairman Terry McGraw (center) and USCIB President and CEO Peter Robinson.

Case No. 20,000 came in the form of a transport sector dispute, initiated by a U.S. claimant against a Canadian respondent. The arbitration is seated in Chicago and applies the laws of the State of New York.

“We are delighted to be part of ICC’s 20,000th milestone case and look forward to upholding the principles of dispute resolution rules and promoting ICC dispute resolution services in this region,” Digon.

“In conjunction with ICC Secretariat case management teams in Paris and Hong Kong, the Manhattan-based team will significantly increase the appeal of our arbitration services to parties, counsel and arbitrators in North America,” according to Andrea Carlevaris, the ICC Court’s secretary general.

North American parties made up nearly 10 percent of the 767 cases filed with the Court in 2013. Case number 20,000 brings the number of cases arbitrated under the 2012 ICC Rules of Arbitration to 1,485. The ICC International Court of Arbitration® was established in 1923, soon after the world business organization’s founding.

ICC’s current Rules of Arbitration have been in force since the beginning of 2012 and are used worldwide to resolve disputes through arbitration – governing the conduct of ICC Arbitration proceedings from start to finish.

To learn more about ICC arbitration and ADR services on ICC’s website, please click here.

Staff contacts: Josefa Sicard-Mirabal

ICC Dispute Resolution Services

Published on January 1, 2014

The International Chamber of Commerce (ICC) has long been the world’s preeminent organization in the field of international commercial dispute resolution. ICC established its International Court of Arbitration® in 1923, only four years after the world business organization itself was created, and took the lead in securing the worldwide acceptance of arbitration as the most effective way of resolving international commercial disputes.

ICC has developed a wide range of dispute resolution services to provide international business with alternatives to court litigation, including:

 

3262_image001ICC Arbitration
The world’s most trusted arbitration system

Arbitration is the most commonly used ICC dispute resolution service.  Arbitration offers a binding dispute resolution procedure, with flexibility in language, location and applicable law.  Parties agree upon the specific procedures for the arbitration tribunal, and can either select arbitrators or have ICC appoint experienced and independent arbitrators from around the world.  Arbitration offers final, binding decisions in less time and with less expense than ordinary judicial proceedings.  Over 130 countries have signed and ratified the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, thereby agreeing to recognize and enforce foreign arbitral awards.

 

3262_image004Pre-arbitral Referee
Ordering urgent provisional measures

During the course of many contracts, especially those made for long-term transactions, problems can arise which require an urgent response. It is frequently not possible to obtain in the time required a final decision from an arbitral tribunal or from a court. If parties have agreed in writing, they can apply to a pre-arbitral referee for urgent provisional measures relating to a dispute.

ICC’s Rules for a Pre-Arbitral Referee Procedure provide for rapid recourse to a referee, who is empowered to order measures such as the preservation or recording of evidence. The order provides a temporary resolution of the dispute and may lay the foundations for its final settlement either by agreement or otherwise. The referee can either be agreed upon by the parties or appointed by the Chairman of the International Court of Arbitration®.  The measures ordered by the referee are binding until decided otherwise by a court or Arbitral Tribunal.

 

3262_image006Appointing Authority
Appointing independent, competent arbitrators for ad hoc proceedings

Throughout more than eighty years of administering international arbitrations, ICC has acquired exceptional experience in appointing arbitrators. In addition, ICC is supported by a worldwide network of national committees able to identify arbitrators with appropriate qualifications of many different nationalities and from various spheres of activity.

Parties in UNCITRAL or other ad hoc proceedings can authorize ICC to appoint an independent arbitrator. They can also give the International Court of Arbitration® other powers, including the power to decide upon challenges of arbitrators, whether or not appointed by ICC.

 

3262_image007ICC ADR
Resolving disputes amicably

ICC has developed an array of non-binding amicable dispute resolution techniques under the heading ICC ADR. Requiring the mutual goodwill and consent of the parties, these techniques provide a flexible, rapid and relatively inexpensive way to settle business disputes.

The final decision reached by these techniques is not binding on parties unless otherwise agreed.  The neutral can be agreed upon by the parties or appointed by ICC according to specific requirements or qualifications specified by the parties.

 

3262_image009ICC Dispute Board Rules
Resolving contractual disputes for mid- or long-term projects

Over the past several decades, dispute boards (DBs) have become a standard method of dispute resolution for contractual disputes concerning mid- to long-term projects, such as construction projects. Determinations made by DBs are not enforceable at law as such, although they may become contractually binding on the parties.

ICC offers the international business community a set of documents providing a comprehensive and flexible framework for establishing and operating DBs in a wide range of contracts in different industries. These documents comprise the ICC Dispute Board Rules, the Model Dispute Board Member Agreement and the Standard ICC Dispute Board Clauses.

 

3262_image010ICC International Centre for Expertise
A technical resource for dispute resolution

Created in 1976, the ICC International Centre for Expertise has built up unique access to experts in every conceivable subject relevant to business operations.  Parties can request that the Centre propose an expert, appoint an expert or administer the expertise proceedings. Expertise provided can be used to settle disputes, resolve differences of opinion or clarify facts.  If agreed upon by the parties, the findings can be binding.  ICC expertise can also be used as part of litigation or arbitration proceedings.

ICC’s Rules for Expertise, to which parties may refer in their contracts or at a later stage in their relationship, were updated in 2003 to meet evolving business needs and expertise.

 

3262_image011ICC DOCDEX
Resolving letter of credit disputes

First approved in October 1997, ICC’s DOCDEX rules were a response to a call from the international banking community for a rapid, cost-effective means of resolving disputes that arise under letters of credit.

DOCDEX provides dispute settlement through document-based expert decisions made by three experts, verified by the technical advisor of the ICC Banking Commission and issued by the International Centre for Expertise.  The process normally takes 30-60 days, rather than the years that can be involved in court proceedings. DOCDEX decisions are not binding unless the parties have agreed otherwise.

News Brief New ICC Mediation Rules Launched

Published on December 19, 2013

The International Chamber of Commerce (ICC) unveiled new ICC Rules of Mediation earlier this month at a global launch conference attended by some of the company representatives set to benefit from the new Rules, together with leading experts in mediation and dispute resolution.

Coming into force on January 1, 2014, the new ICC Rules replace the ICC ADR Rules that have been used for amicable dispute resolution worldwide since 2001. The new Rules have been adapted to help parties resolve even the most complex cross-border disputes quickly and reliably. Changes include the setting of mediation as the default technique, as well as increased support from the ICC International Centre for ADR, the body administering the new Rules.

Andrea Carlevaris, director of ICC Dispute Resolution Services and secretary general of the ICC International Court of Arbitration,® who gave a welcome address at the launch event, said: “The new ICC Mediation Rules strike a good balance between two essential elements of a modern and efficient dispute resolution tool: clarity of the procedural framework and flexibility. In-house counsel and other representatives of businesses played an important role in the drafting process and made sure that the result responds to the needs of users.”

Available in eight languages, with further languages ready soon, the Rules are accompanied by a new publication for users, the ICC Mediation Guidance Note. They were revised by a taskforce of 90 specialists from 29 countries – made up of mediation users, mediators, counsel and other dispute resolution experts – and validated by ICC’s Commission on Arbitration and ADR, whose members represent some 100 countries.

Read more on the ICC website.

Staff contact: Josefa Sicard-Mirabal

Historic Opening of New Israel Palestine Center to Mediate Commercial Disputes

Published on November 18, 2013

4637_image001Israeli and Palestinian business leaders joined the leadership of the International Chamber of Commerce in Jerusalem today to inaugurate the first dedicated Israeli-Palestinian center for the resolution of commercial disputes between businesses in the Palestinian territories and Israel.

John Beechey, president of the ICC International Court of Arbitration®, joined Andrea Carlevaris, the Court’s secretary general and ICC Secretary General Jean-Guy Carrier in Jerusalem to witness the historic launch of the Jerusalem Arbitration Center (JAC) and the signing of a memorandum of engagement.

“We are hopeful the $4 billion in annual trade between Palestinians and Israelis will expand significantly now that there is a mechanism in place to bring swift and fair resolution to commercial disputes and create greater certainty for the business community,” said Terry McGraw, chairman of McGraw Hill Financial [now S&P Global] and chairman of both ICC and USCIB. “By strengthening commercial relations and improving economic cooperation between the Palestinian and Israeli people there are new opportunities to attract investments and enhance long-term economic growth in the region.”

The opening of the center is the first measure taken since the 1993 Oslo Accords to establish an internationally accepted arbitration mechanism to resolve commercial disputes between Israel and the Palestinian territories. ICC has been instrumental in establishing the JAC, a joint venture agreement between ICC Palestine, which is based in the West Bank, and ICC Israel. The center will serve as a wholly independent provider of dispute resolution services for the settlement of commercial disputes between Palestinian and Israeli businesses using specific rules drafted for the JAC based on the ICC Rules of Arbitration.

“The Jerusalem Arbitration Center is a truly neutral and independent forum, the purpose of which is to provide dispute resolution services in which parties from Israel and Palestine can have real confidence,” stated Beechey.The International Court of Arbitration® will continue to offer active support to the center, notably in the form of on-going training and guidance on issues such as the criteria for selecting arbitrators and establishing jurisdiction.”

Read more on ICC’s website.

Staff contacts: Josefa Sicard-Mirabal

ICC Arbitration Cases Now Administered in New York

Published on October 25, 2013
Josefa Sicard-Mirabal (left), who heads the team in charge of marketing ICC dispute resolution services in North America, in the new office in midtown Manhattan, with (L-R) Suzanne Ulicny, Rachel Clarke and Alexandra Akerly
Josefa Sicard-Mirabal (left), who heads the team in charge of marketing ICC dispute resolution services in North America, in the new office in midtown Manhattan, with (L-R) Suzanne Ulicny, Rachel Clarke and Alexandra Akerly

The much-anticipated establishment of a presence of the International Court of Arbitration® of the International Chamber of Commerce (ICC) in New York City has been realized with the opening last month of an office to administer ICC arbitrations in North America.

SICANA, the new U.S. corporate entity responsible for the administration of cases under ICC dispute resolution rules and for the promotion of ICC dispute resolution services in North America, is located in midtown Manhattan at 1212 Avenue of the Americas, in the same building where USCIB is headquartered.

For many years, USCIB has hosted the ICC Court’s North American marketing team, headed by Josefa Sicard-Mirabal, the Court’s longtime director of arbitration and ADR for North America, who has been named executive director of SICANA.

“This is an important milestone for ICC and the Court,” said ICC Chairman Terry McGraw, CEO of McGraw Hill Financial. “Congratulations go out to everyone involved, especially Josefa, who developed the idea and spearheaded its implementation. We look forward to continued growth in the Court’s activities, cementing its role as the premier forum for the resolution of cross-border disputes.”

Sicard-Mirabal and her team took up residence in their new offices in September. The recruitment of a case management team, which will be responsible for administering cases in the region under the well-respected ICC Rules of Arbitration, is at an advanced stage. The new team in New York will work in conjunction with ICC Secretariat case management teams located in Paris and Hong Kong. It will begin to administer existing North American cases and to register new requests for arbitration in November 2013.

“The establishment of a formal presence in one of the Court’s most important markets is a big step forward for parties in North America,” said Mark Beckett, partner with Chadbourne & Parke and chair of USCIB’s Arbitration Committee. “It reaffirms ICC’s commitment to the region and will increase the appeal of the Court’s services, which are already held in very high regard.”

North American parties made up 8.4 percent of the 759 cases filed with the Court in 2012. The new office in the heart of New York City will consolidate the Court’s market position in North America, and will allow parties, counsel and arbitrators in the region direct and convenient access to the services of the ICC Court.

On September 20, John Beechey and Andrea Carlevaris, respectively the Court’s president and secretary general, joined dignitaries from the legal and business communities at a celebratory reception at the Yale Club in midtown Manhattan.

“We are delighted to continue our ongoing close partnership with Josefa and her talented colleagues, even as they move a few floors away from us,” said USCIB President and CEO Peter Robinson.”They do an amazing job promoting awareness of ICC dispute resolution and use of the ICC Court. This move to establish a formal office of the Court here in New York is a testament to Josefa’s dedication and vision.”

Sicard-Mirabal thanked Robinson and the rest of the USCIB staff for facilitating the establishment of the new office. “We really could not have done this without strong support and guidance from USCIB,” she said.

For more information about ICC dispute resolution activities in North America, visit www.iccnorthamerica.org.

Staff contacts: Josefa Sicard Mirabal

ICC Set to Move Paris Headquarters

Published on October 3, 2013

The International Chamber of Commerce (ICC) has announced that it will leave its longtime headquarters at 38, cours Albert 1er in Paris’s 8th arrondissement, opting to relocate its headquarters to a larger, more modern facility on avenue du President Wilson, just over a kilometer away, in the heart of the French capital.

ICC, including the secretariat of the International Court of Arbitration, is leaving the historic building that has housed it since 1926, shortly after ICC’s establishment as the world’s business organization in 1919.

“While we leave 38 cours Albert 1er with a feeling of nostalgia, we move to our new headquarters, the Palais Wilson, with an eye on the future and particularly on our role as a relevant and leading global business organization that requires expanded facilities to match its growth,” said ICC Secretary General Jean-Guy Carrier.

Close to 200 staff members, representing more than 30 nationalities, work at ICC headquarters. The international secretariat develops and carries out the ICC work program and remains in close contact with the extensive ICC network of national committees (including USCIB), chambers of commerce and regional offices in 130 countries. There are about 6.5 million companies in the ICC network.

Read more on the ICC website.

Posted in ICC

ICC announces newly named Commission on Arbitration and ADR

Published on July 29, 2013

4569_image002The International Chamber of Commerce (ICC) Executive Board has approved a name change for the ICC Commission on Arbitration. The commission’s new name is the ICC Commission on Arbitration and ADR. The change aims to better reflect the broad scope of the commission’s activities, which primarily encompass international arbitration but also all other dispute resolution services offered by ICC.

The ICC Commission on Arbitration and ADR is ICC’s rule-making and research body in the field of international dispute resolution. The global forum comprises more than 690 members from over 90 countries and includes lawyers, in-house counsel, arbitrators, mediators, law professors and experts in various dispute resolution fields.

Peter Wolrich, managing partner, Curtis Mallet-Prevost, Colt & Mosle, France and outgoing chairman of the ICC Commission on Arbitration and ADR (see below), said: “The new name is designed to make it clear that while the commission deals primarily with arbitration, it also deals with mediation, expertise, dispute boards and other dispute resolution services.”

The commission addresses how new practices, policies and legislative developments affect international arbitration and other dispute resolution services. Recent projects include a report on the role of parties and their in-house counsel in international arbitration and a task force on Decisions as to Costs. The commission is also responsible for drafting and revising ICC’s dispute resolution rules and clauses. The commission successfully completed its work on the revision of the ICC Rules of Arbitration in 2011. The commission has also recently approved new ICC Mediation Rules, which will replace the ICC ADR Rules and will enter into force on January 1, 2014. It is also currently revising the ICC Expertise and Dispute Board Rules.

Click here to read more on ICC’s website.

Staff contact: Josefa Sicard-Mirabal

More on USCIB’s Arbitration Committee

ICC Arbitration: New Rules Attract International Cases

Published on April 24, 2013

4501_image001The ICC International Court of Arbitration 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. But that’s just the tip of the iceberg when it comes to some of the intriguing statistics contained in the latest report from the Court on use of ICC arbitration.

In all, arbitration requests involved 2,036 parties, with almost 10 percent of cases involving state or para-statal entities. The last four years have seen exceptional activity, with an average of 791 cases registered per year and 473 awards given.

The Rules that became effective on January 1, 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 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.

Read more on the ICC website.

Staff contact: Josefa Sicard-Mirabal

ICC International Court of Arbitration North American website

ICC Unveils New Online Training in International Arbitration

Published on January 29, 2013

The International Chamber of Commerce has unveiled its new “ICC Arbitration online training,” the first official e-learning course to explain the inside workings of international arbitration and the 2012 ICC Rules of Arbitration.

From the comfort of their computer, Arbitration aficionados can now follow eight hours of lessons on ICC Arbitration as a method of dispute resolution, drawn up by the ICC International Court of Arbitration’s secretariat staff and Yves Derains, chair of the ICC Institute of World Business Law and former secretary general of the ICC International Court of Arbitration.

“As an addition to ICC’s traditional arbitration training, this e-learning package is invaluable,” said Mr. Derains. “It means we can provide a clear, insider’s explanation to anyone starting out in arbitration, or preparing for their first ICC Arbitration, wherever they’re based.”

Andrea Carlevaris, the Court’s current secretary general, added: “ICC Arbitration online training is accessible and well-structured. I expect we’ll see it benefiting individuals and companies throughout the international arbitration community.”

ICC Court Launches New Houston Conference

The First Annual ICC Houston Conference on International Arbitration, to be held April 8-9 at Fulbright & Jaworski’s Houston offices, will shine a spotlight on the city as a gateway for U.S. companies doing business in Latin America and the Middle East. Given Houston’s strategic location and large energy and construction sectors, it is an ideal location for bringing together corporate counsel, outside counsel and business persons from various sectors that involve the U.S., the Middle East and Latin America. The conference will focus on new developments in energy and infrastructure disputes, as well as recent developments, hot topics and enforcement issues in the Middle East and Latin America. Click here
for details.

Read more on ICC’s website.

More on USCIB’s Arbitration Committee

10th ICC Miami Conference Puts Latin America and Sports Arbitration in the Spotlight

Published on October 25, 2012

200393277-001An exclusive interview on “10 years of international arbitration in Latin America” and an analysis of arbitration in world sport, are just two of the treats lined up for participants at the 10th ICC Annual Miami Conference on November 11-13.

The event, held under the theme “International Arbitration in Latin America, the ICC Perspective: Revisiting the Basics,” is expected to attract some 400 lawyers, corporate counsel, arbitrators, mediators, and academics from across Latin America and the Caribbean. Discussions will be in English, Portuguese and Spanish.

To commemorate the conference’s 10th anniversary, Horacio Grigera Naon (Argentina), Luiz Olavo Baptista (Brazil), Claus von Wobeser (Mexico) and Bernardo Cremades (Spain), four of the most renowned and influential experts in Latin America, will be interviewed about international arbitration in the region over the last decade. The interview will be conducted by journalist and writer Carlos Alberto Montaner.

“We expect ICC’s 10th Miami Conference to be a fascinating forum and a chance to get down to the fundamentals of what has and hasn’t worked over the past decade in international arbitration, particularly in the Latin American region,” said Andrea Carlevaris, secretary general of the ICC International Court of Arbitration. “The event has become one of the most important annual gatherings for the Latin American arbitration community and one of the most important arbitration events more generally.

With Brazil set to host the FIFA World Cup in 2014 and Olympic Games in 2016, the conference will also feature a special session on arbitration in world sport entitled, ICC Arbitration Special: The World Cup and Olympics coming to Latin America, on 11 November. Panelists will draw on experiences from the 2012 Olympics and discuss the legal challenges of organizing worldwide sports events, considering the role of arbitration in resolving related disputes.

Read more and register on ICC’s website.

More on USCIB’s Arbitration Committee