Arbitration Archives

ICC Court to Communicate Reasons as a New Service to Users

Published on October 8, 2015

ICC_Court_ArbitrationIn response to growing user demand, the International Court of Arbitration of the International Chamber of Commerce has announced that it will communicate reasons for many of the administrative decisions it is called on to take under the ICC Rules of Arbitration. This new policy will enter into force immediately and will be applied where all the parties to a case so agree.

The additional service offered by the court applies to: (i) a decision made on the challenge of an arbitrator; and (ii) a decision to initiate replacement proceedings and subsequently to replace an arbitrator on the court’s own motion. The court may also communicate the reasons for its decisions regarding consolidation of arbitration proceedings and prima facie decisions on jurisdiction.

The ICC Court’s note to parties and arbitrators specifies that any request for the communication of reasons must be made in advance of the relevant decision in respect of which reasons are sought. The Court may subject the communication of reasons to an increase of the administrative expenses, normally not to exceed $5,000.

This new policy was adopted in advance of the court’s annual working session that took place in Paris last week. This was the first working session chaired by Alexis Mourre following his appointment of president of the court in July.

Commenting on the new service, Mourre said: “Providing reasons as to court decisions will further enhance the transparency and clarity of the ICC arbitration process. This new service is a sign of our commitment to ensuring that ICC arbitration is fully responsive to the needs of our users the world over.

“The service has been implemented with immediate effect and may be utilized in all ongoing cases where the parties so agree and submit a request for reasons prior to seeking a decision from the court.”

The court has also announced that its 2016 working session will take place in New York City. This will be the first time the court has held its annual working session outside of Paris in its history.

For more information on the work of the court, including details on how to use ICC arbitration services-please visit our dedicated web portal .

 

 

 

 

13th ICC Miami Conference: Tooling up for International Arbitration

Published on September 30, 2015

ICC_Miami_Arbitration_buttonThe International Chamber of Commerce‘s acclaimed annual conference on international arbitration in Latin America returns to Miami in November bringing together over 450 participants from 30 countries to discuss the latest developments under the theme “Tooling up for International Arbitration”.

A major networking opportunity, the 13th Miami Conference kicks off on November 1 with the ICC Institute’s already sold out advanced-level training on how to manage the production of documents in international arbitration.

The Miami Conference is a major forum for understanding international arbitration in Latin America attracting lawyers, corporate counsel, arbitrators, mediators and academics from across Latin America and the Caribbean.

“I am thrilled to address the Latin American arbitration community during this essential annual event that takes place in an ever expanding Latin American arbitration market,” said Alexis Mourre, president of the ICC International Court of Arbitration who will deliver a keynote speech at the event.

Led by a top-rate line up of speakers, the 13th ICC Miami Conference will take place on November 1-3 and feature a dynamic series of plenary and technical sessions, roundtables and discussions, as well as two optional breakfast sessions. Discussions will be held in English, Spanish and Portuguese with simultaneous interpretation.

The conference concludes with a mock case looking at tools for urgent and preliminary relief in international arbitration in five different scenarios.

Full program and registration.

New ICC Dispute Board Rules Enter Into Force on October 1

Published on September 11, 2015

ICC DISPUTE BOARD RULENew rules governing ICC Dispute Boards will come into effect on October 1. A half-day global launch, scheduled to take place on September 28, 2015 at ICC Global Headquarters in Paris, will provide an introduction to the nature, purpose and operation of the new rules and offer a chance to discuss the role of dispute boards in preventing disputes and resolving them quickly.

Dispute boards are independent bodies designed to avoid and resolve disagreements between parties as they arise during the performance of an often long-term or mid-term contract.

“The new ICC Dispute Board Rules increase the emphasis on dispute avoidance,” said Peter Wolrich, chairman of the ICC Task Force revising the rules. “In fact one of the most valuable functions of a dispute board is to help the parties to avoid disputes, either by encouraging them to do so on their own or by providing them with informal assistance.”

The replacement of current rules dating from 2004 follows three years of revision undertaken by the ICC Commission on Arbitration and ADR that started in 2012 and received broad input from the international dispute board community, including from the International Federation of Consulting Engineers (FIDIC) and members of other Dispute Resolution Board Associations.

Read more on ICC’s website.

University of Houston Law Center wins ICC Mediation Competition 2015

Published on February 13, 2015
University of Houston Law Center winners Rose Badruddin and Brandon Schrecengost
University of Houston Law Center winners Rose Badruddin and Brandon Schrecengost

The University of Houston Law Center has won the International Chamber of Commerce (ICC)’s 10th International Commercial Mediation Competition, taking the title after a thrilling final against the University of Sao Paolo.

The competition, which ran from February 6-11 in Paris, is ICC’s biggest educational event and the only moot devoted exclusively to international commercial mediation and is open to law and business schools worldwide.

Featuring some 150 mock mediation sessions based on real commercial disputes, the 2015 Competition tested the problem-solving skills of 67 teams from 34 countries, making it the biggest and most diverse yet.

University of Houston Law Center was represented by students Rose Badruddin and Brandon Schrecengost, who won internships at the ICC International Center for ADR, and the Center for Effective Dispute Resolution, as part of the Competition prize.

“I’m ecstatic!” said Schrecengost. “To get this far and eventually win is beyond anything we could have hoped for.”

Badruddin added: “Lawyers are usually taught to be independent but I think one of the biggest lessons of this competition for me is: trust yourself, but also trust your partner.”

The team was selected for their “good social dynamics” during their university’s series of mediation, negotiation, and arbitration competitions, according to coach Kevin Hedges, a practicing attorney who teaches at the University of Houston and has been a moderator, mediator and arbitrator. He added: “The competition has gotten much more competitive every year. It’s invaluable for the students to meet their peers from around the world and interact with them both socially and professionally.”

Throughout the competition, professional mediators drew on their own experiences of resolving business disputes to act as mediators and judges, while students played the roles of client and legal counsel. The final session involved a complex dispute over the low yields of a newly acquired vineyard on a South Pacific Island.

Read more on ICC’s website.

Staff contact: Josefa Sicard-Mirabel

Alexis Mourre Nominated to Lead ICC’s International Court of Arbitration

Published on January 5, 2015
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Alexis Mourre

The International Chamber of Commerce (ICC) Executive Board has recommended that Alexis Mourre be appointed to succeed John Beechey as President of the ICC International Court of Arbitration®. Mourre’s presidency will begin on July 1, 2015. The recommendation will be submitted to the ICC World Council for approval at its meeting in Turin, Italy in June 2015.

The International Court of Arbitration® is the world’s leading body for the resolution of international disputes by arbitration. Each year, numerous parties, arbitrators and lawyers from countries of every economic, political and social system are present in ICC arbitrations.

“It is for me a great honor and privilege to have been selected to succeed John Beechey,” said Mourre. “I warmly thank the Selection Committee, the ICC Executive Board and the ICC Chairmanship for their trust. I look forward to building on the successes of the outgoing presidency to continue improving the quality and efficiency of the services provided by the ICC International Court of Arbitration®.”

A vice president of the ICC Court, Mourre is a member of the Paris Bar and the founding partner of Castaldi Mourre & Partners, a leading boutique international arbitration and litigation practice. Mourre’s longstanding links with ICC also include service as a vice president of the ICC Institute of World Business Law.

The USCIB International Bookstore offers titles derived from the acclaimed work of the ICC’s commissions and institutions, including the International Court of Arbitration®.

All Set for New ICC Dispute Resolution Rules Global Launch

Published on December 9, 2014

gavelThe International Chamber of Commerce (ICC) will launch its new 2015 ICC Expert Rules in January, with international events in three of the world’s major dispute resolution hubs. Entering into force on February 1, 2015, the Rules will be available in English, Spanish and French, helping to solve cross-border commercial disputes worldwide.

The 2015 ICC Rules set out new parameters for ICC expert services, clarifying how parties can use experts and neutrals to help resolve their cross-border disputes at each step of the way. They will be administered by the ICC International Center for Alternative Dispute Resolution (ADR).

“The new set of rules clarifies the broad range of expert services the Center offers with a view to supporting companies and states all around the world to efficiently resolve their complex commercial disputes,” said Christopher Newmark, chair of the ICC Commission on Arbitration and ADR.

Drawing on ICC’s 40-year experience in cross-border dispute resolution, and with specialist input from its membership in over 90 countries, the ICC Commission on Arbitration and ADR will replace the current ICC Rules for Expertise with three new sets of rules. Each covers a distinct area of ICC’s dispute resolution services: the Proposal of Experts and Neutrals, the Appointment of Experts and Neutrals, and the Administration of Expertise Proceedings.

“International business has turned to ICC for many years to identify the most suitable experts for the resolution of technical, financial or legal issues,” said Peter Wolrich, head of ICC’s Taskforce for the Revision of the Expert Rules. “And will certainly continue to do so under the new sets of rules.”

The ICC Expert Rules will be officially unveiled in New York on January 27, 2015.

Staff contact: Josefa Sicard-Mirabel

Enter ICC’s International Commercial Mediation Competition

Published on July 16, 2014

The International Chamber of Commerce’s International Center for ADR will celebrate the 10th edition of its International Commercial Mediation Competition from February 6-11, 2015. Universities and mediators can now apply to a unique event which will attract participants from all over the world.

The Competition is the only moot devoted exclusively to international commercial mediation and is open to law and business schools worldwide. It provides an excellent opportunity for the next generation of international lawyers and business professionals to hone their dispute resolution and mediation advocacy skills.

With its incredible international outreach and selective procedure, the competition has become ICC’s biggest educational event and a must-go-to event for the commercial mediation community across the globe. A series of festive activities will also take place this year to celebrate the 10th anniversary.

Throughout the Competition, university students face complex international business problems which they attempt to resolve in mediation proceedings conducted pursuant to the ICC Mediation Rules. Victoria Serigano, student and member of the team from Benjamin N. Cardozo School of Law, United States, said: “This Competition was the best experience of my law school career. I greatly appreciated the opportunity to meet ADR practitioners and law students from around the world.”

Find out more on the ICC website

Read our coverage of last year’s International Commercial Mediation Competition

Staff contact: Josefa Sicard-Mirabel

ICC Court of Arbitration Expands its Global Reach

Published on July 16, 2014

Fresh data confirms that the International Chamber of Commerce’s Court of Arbitration is a truly global dispute resolution provider. In 2013, the court received 767 new requests involving parties from 138 countries, and 80 percent of the cases were cross-border dispute cases between parties of different nationalities.

Data also shows that the number of arbitrators and the places of arbitration increased. ICC’s arbitrators now represent 86 different nationalities (up from 76 in 2012), and arbitration proceedings were located in 63 different countries.

arbitration chart

The ICC’s court is equipped with extensive knowledge of local traditions, languages and legal cultures to effectively administer disputes. The court has nine case management teams, each focused on a different region of the world. The ninth team was established in the United States last year, operating under the corporate name of SICANA with offices in the same building as USCIB.

Led by Josefa Sicard-Mirabel, SICANA is ideally located to handle the court’s growing North American caseload. The number of disputants from the United States and Canada grew by 28 percent last year. American parties continue to be the most numerous of all nationalities represented in ICC arbitrations.

A more detailed statistical report will be published by ICC in August 2014.

Staff contact: Josefa Sicard-Mirabel

New Brochure Gives Engaging Glimpse into ICC Dispute Resolution

Published on July 2, 2014

4776_image002The International Chamber of Commerce published a brochure offering a concise introduction to its dispute resolution services. The booklet presents the ICC, its International Court of Arbitration® and International Centre for ADR, and related ICC products and activities aimed at facilitating the resolution of international commercial disputes.

This engaging, easy-to-read booklet distills the key features and advantages of ICC arbitration, mediation, expertise services and dispute boards. Readers will find a succinct diagram explaining the principal steps of the arbitration process, a page listing ten good reasons for choosing ICC dispute resolution and section explaining how the different services may interact with each other.

The brochure is published in both print and electronic formats. Conceived above all as a primer, the booklet contains links to individual ICC web pages for more information on the topics it covers. These URLs are active hypertext links in the PDF version of the brochure.

Andrea Carlevaris, secretary general of the ICC International Court of Arbitration® and Director of ICC Dispute Resolution Services, described the brochure as an ideal starting point for anyone wishing to have an overview of ICC’s activity and resources in the field of dispute resolution. “The publication combines a dynamic design with simple language to inform and orientate readers who are contemplating using ICC’s dispute resolution services,” he said.

Translations are planned and will be announced in due course. USCIB is ICC’s American affiliate.

Staff contact: Josefa Sicard-Mirabel

ICC Launches 2014 Mediation Rules in North America

Published on May 28, 2014
L-R: Hannah Tümpel (ICC International Center for ADR), Robert Smit (Simpson Thacher), Jason Fry (Clifford Chance LLP) and Andrea Carlevaris (ICC International Court of Arbitration ®)
L-R: Hannah Tümpel (ICC International Center for ADR), Robert Smit (Simpson Thacher), Jason Fry (Clifford Chance LLP) and Andrea Carlevaris (ICC International Court of Arbitration ®)

At any given moment, multinational corporations are involved in thousands of cross-border legal disputes around the world. Big companies like Shell have 10,000 disputes going on at any given time, many of which are international, according to Doug McKay, vice president of international organizations at Shell.

Since going to court takes time and costs money, companies find alternative dispute resolution (ADR) outside of courts increasingly attractive for disputes. One form of ADR, mediation, in which a third party mediator assists the disputants to negotiate a settlement, offers companies an efficient way to resolve cross-border disputes.

On May 28, the International Chamber of Commerce (ICC) held a promotional event to celebrate the North American launch of its revised mediation rules, hosted by the law firm Simpson Thacher in New York City. Administered by the ICC International Center for ADR, the new rules were drafted by the Commission on Arbitration and ADR, a task force of dispute resolution specialists and company representatives from 29 countries. The new mediation rules replace the former ICC ADR rules, a name-change that “reflects the reality that 90 percent of cases are mediation cases,” said Andrea Carlevaris, secretary general of the ICC International Court of Arbitration®.

“The main value of the ICC mediation rules is they can help parties overcome hurdles,” said Hannah Tümpel, senior counsel and manager at the ICC International Center for ADR, during a panel discussion. Tümpel was involved in the revision of the new mediation rules.

She said that the new rules make it easier for parties to overcome common obstacles that thwart mediation. Such hurdles include how to start a mediation if it’s not included in a prior contract clause, where to mediate and in what language if both parties come from different countries, how and where to find the right mediator with the appropriate experience and language skills, and how the parties bear the cost of mediation.

The new rules address all those obstacles. If one disputant wishes to mediate, but is wary about approaching the other party for fear of showing weakness, the disputant can contact the ICC International Center for ADR, and the center will assist the parties in considering a proposal to mediate even if there is no prior mediation clause in their contract. The ICC will also help pick a neutral mediator, and can even provide a list of qualified mediators that both parties agree upon. Once both parties agree to mediate, the new rules describe the conduct of mediation and stipulate that both parties must bear the cost of mediation in equal parts, unless agreed upon otherwise.

Finally, “the true added value of institutions are emails and phone numbers,” Tümpel joked. Disputants may contact the ICC at any time for mediation guidance and assistance.

“If you’re not into mediation, you’re not the right lawyer for us”

During the event, the first panel discussion covered mediation’s relevance to businesses today. Speakers included Teresa Garcia-Reyes, senior counsel, litigation, GE Oil & Gas at General Electric; Deborah Masucci, former head of the Employment Dispute Resolution Group at AIG and chair of the International Mediation Institute; and Doug McKay, vice president of international organizations at Shell. The participants noted that mediation has become a more common and important form of cross-border dispute resolution, and companies are increasingly interested in law firms’ success rates with mediation.

“If you’re not into mediation, you’re not the right lawyer for us,” said Garcia-Reyes.

Masucci noted that organizations like ICC help add credibility to the mediation process, particularly when disputants involve an American corporation in foreign jurisdictions where the foreign party may be distrustful of a U.S. mediator.

The evening’s second panel discussion focused on the new mediation rules and how they help disputants initiate, conduct and pay for mediation proceedings. Carlevaris and Tümpel explained the new rules and their attendant guidance notes, while Robert Smit, partner and co-chair of the International Arbitration and Dispute Resolution Practice at Simpson Thacher; and Jason Fry, co-head of the International Arbitration Group at Clifford Chance LLP; offered the American and European perspective on the new rules, respectively.

While the new rules aren’t relevant for purely domestic U.S. disputes, Smit explained that for the U.S. market, “the real value of ICC mediation rules lies in international disputes.”  He said that under the new rules an American corporation can ask the ICC center to contact the other disputant to get the ball rolling on mediation, which is “valuable assistance indeed.” Smit also cited the benefit of having the ICC pick the location and language of the mediation, which eliminates the burden of leaving those contentious choices up to the mediator. Also, most American disputants don’t know where to find a qualified mediator in jurisdictions outside the United States, so Smit appreciates that the ICC can provide a list of qualified mediators to the disputants.

“Mediation has imposed itself as the main form of amicable dispute resolution,” Carlevaris concluded. The new ICC rules facilitate the mediation process, helping to avoid common obstacles and stalling.

USCIB is the American affiliate of the ICC.

Staff Contact: Josefa Sicard-Mirabal