Arbitration Archives

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.

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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.

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New Secretary General of ICC International Court of Arbitration Named

Published on May 16, 2012
Andrea Carlevaris
Andrea Carlevaris

The International Chamber of Commerce, the world business organization for which USCIB serves as the American national committee, has announced that Andrea Carlevaris has been named the new secretary general of the ICC International Court of Arbitration, succeeding Jason Fry, who is returning to private legal practice.

The ICC Court is the world’s foremost body for the resolution of cross-border commercial disputes. USCIB promotes use of the system, nominates arbitrators, refers parties to attorneys, organizes training and conferences, and serves as a resource for those wanting information on the arbitration process and other ICC dispute resolution services.

Having started his career with the ICC Court as counsel from 1999 to 2003, Carlevaris has been a member of the Court, representing Italy, for the last four years and was a partner at the Rome-based law firm Bonelli Erede Pappalardo Studio Legale.

“It is very good news for the ICC Court and secretariat that Andrea Carlevaris has accepted the offer to succeed Jason Fry as Secretary General of the Court,” said John Beechey, president of the ICC Court. “Jason has set the bar very high, and I am confident that Andrea will be more than equal to the challenge.”

Carlevaris said: “Thanks to the unrivalled expertise of its members and the dedication and professionalism of its secretariat, the ICC International Court of Arbitration is recognized as the most prestigious dispute resolution institution in the world, and one to which I am extremely attached. Taking a leading role in its management is for me a challenge and an honor.”

Read more on ICC’s website.

Staff contact: Josefa Sicard-Mirabal

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Asia-Pacific Arbitration Community Gathers in San Francisco

Published on March 26, 2012
A panel discussion of third-party funding at the ICC San Francisco conference.
A panel discussion of third-party funding at the ICC San Francisco conference.

In early March, over the three days in San Francisco, the North American and Asian regional offices of the ICC International Court of Arbitration hosted its annual conference and related events, attended by members and enthusiasts of the arbitration community from North America, the Asia-Pacific region and Europe.

The program began with a Young Arbitrators Forum (YAF) discussion, where four young rising stars of arbitration spoke about the differences in their experiences while practicing in both Asia and in North America. An impromptu guest panelist, ICC Court President John Beechey, joined the YAF and offered a seasoned view on the subject.

After the YAF event, the participants and other conference registrants , gathered at the conference welcome reception held at the San Francisco offices of Morrison & Foerster LLP. Guests were treated to an array of northern California delicacies, such as local cheeses, chocolates and tastings of local wines.

The conference commenced the morning of March 9, at San Francisco’s storied Palace Hotel, and continued throughout the following day. The participants heard from a savvy corporate panel which gave practical tips on dispute resolution in the Asia-Pacific region, and from speakers on such topics as arbitration of intellectual property disputes, third party funding of arbitrations, arbitrator selection and enforcing an arbitral award in light of strict sovereign immunity laws, among others.

“The caliber of the attendees and the discussion was the best I have ever experienced at a conference,” said Mary Comeau of Calgary. Steven Smith, a partner at O’Melveny & Meyers LLP, and a longtime supporter of the conference, called this year’s program “fantastic.”

With the glowing accolades and cutting edge topics, Cedric Chao, a partner at Morrison & Foerster and also a longtime conference supporter, stated, “Our collective goal should be to grow this conference into a ‘must attend’ event.”

ICC’s Fourth Annual Asia-Pacific Conference is scheduled to be held in May 2013 in Seoul, South Korea.

Staff contact: Suzanne Ulicny

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South Texas College of Law Wins ICC Mediation Competition

Published on February 9, 2012
South Texas College of Law emerges victorious in most challenging mediation competition to date.
South Texas College of Law emerges victorious in most challenging mediation competition to date.

After five days of intense competition, South Texas College of Law, has emerged victorious in the battle to win the 7th ICC International Commercial Mediation Competition. South Texas beat off competitors Bar Ilan University of Israel, in ICC’s most challenging mediation competition to date. The two schools thrilled an international audience of over 250 people in the Competition final, which took place at the Maison du Barreau in Paris. Featuring over 140 mock mediation sessions, based on real cross-border commercial disputes, the Competition tested the problem-solving skills of 66 teams from 32 countries including teams from Brazil, Singapore, the United States and Australia.

The aim of the annual competition is to train law and business students to better meet the dispute resolution needs of today’s global market, to know how and when to efficiently use mediation, and how to deal with the cultural sensitivities implied in this process. It gives students an opportunity to test their problem-solving skills in international commercial cases in which they take the role of client and counsel, while some of the world’s leading mediators participate to help the students work towards good solutions.

Staff Contact: Josefa Sicard-Mirabal

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2012 Sees New ICC Rules of Arbitration Enter Into Force

Published on January 20, 2012

The ICC International Court of Arbitration, the dispute resolution body of the International Chamber of Commerce (part of USCIB’s global network), has officially begun operating under its newly revised Rules of Arbitration.

San Francisco Conference Among Several Upcoming Arbitration Events

The ICC International Court of Arbitration plans to explain the newly revised Rules at the Third Annual ICC Asia-Pacific Conference, which takes place March 8 to 10 at the Palace Hotel in San Francisco.

The conference will examine cutting-edge topics in international arbitration from the perspective of parties in the Asia-Pacific region, including: electronic document production, third-party funding, sovereign immunity, intellectual property arbitration, combined mediation-arbitration proceedings, natural resource arbitration and arbitrator selection procedures. Visit www.iccnorthamerica.org for registration and other information.

In addition, the USCIB Arbitration Committee plans two luncheon meetings for USCIB members and friends interested in arbitration.  The first will be held on January 26 in Washington, DC at the offices of Arnold & Porter LLP.  Special guest Jason Fry, secretary general of the ICC Court, will address ICC’s efforts in the field of investment arbitration.

The second luncheon will be held on January 30 at the New York offices of Latham & Watkins LLP.  John Beechey, president of the ICC Court, and Mr. Fry will speak. The chairs of the Arbitration Committee’s regional subcommittees will also hold their annual meeting on that date.

USCIB members receive a preferential rate for both lunches. Contact Alexandra Akerly (aay@iccwbo.org) for additional information.

Unveiled in September 2011, the much-anticipated Rules reinforce the Court’s commitment towards an efficient and cost-effective arbitration process responsive to the interests and requirements of users worldwide, including the business community, states and state entities.

Court President John Beechey noted that the new Rules were the result of a two year review notable for the degree of consultation undertaken among members of the arbitration community and, most importantly, with commercial and state users of ICC Arbitration. That exercise, he said, had been an essential element of the review process.

“The initial reaction to the new Rules at various launch conferences, held around the world in the last quarter of 2011, was very favorable,” Mr. Beechey said. “The Court looks forward to administering arbitrations under the new Rules, which are both thoroughly up to date and retain the distinctive hallmarks of ICC Arbitration.”

Like all of ICC’s dispute resolution services, ICC Arbitration is based on a set of rules that ensures compliance with best practice across the world.

The new Rules are available, initially, in more than seven languages, consistent with ICC’s global presence. They reflect contemporary practice through the inclusion of new provisions on multi-party and multi-contract arbitrations, an ‘emergency’ service for resolving urgent issues before a tribunal is constituted, and further time and cost-efficiency measures.

“The entry into force of the 2012 Rules has been a much-anticipated date in the ICC’s calendar. It is gratifying to see this project come finally to fruition,” said Jason Fry, secretary general of the ICC Court.

“The secretariat of the Court has been working hard to ensure that there will be a smooth transition to the new Rules, which contain many new features. We now look forward to seeing the Rules in operation and hope that parties and their counsel embrace them, and their emphasis on better time and cost management of the arbitral process.”

Staff Contact: Josefa Sicard-Mirabal

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New ICC Rules of Arbitration a Hot Topic at Miami Conferences

Published on October 13, 2011

The Latin American launch event for the 2012 ICC Rules of Arbitration, together with the International Chamber of Commerce‘s 9th Annual Miami Conference and the ICC Young Arbitrators Forum (YAF), are set to bring leading arbitration experts from Latin America and beyond to Miami on November 5-8. The launch conference of the 2012 ICC Rules of Arbitration on November 6 will feature talks with some of the experts directly involved in revising the ICC Rules of Arbitration, with simultaneous translation into English, Portuguese and Spanish.

“The Miami Launch of the 2012 ICC Rules of Arbitration comes at a time when states and corporations across Latin America are increasingly looking to arbitration as the most effective means by which to resolve cross-border disputes and disputes of an international nature. The Miami Launch affords users and arbitration practitioners an ideal opportunity to hear more about the changes and innovations in the 2012 ICC Rules of Arbitration and to discuss them with arbitration experts from across the region and from the ICC Court, the Secretariat and the Commission on Arbitration,” said John Beechey, chairman of the ICC International Court of Arbitration.

Organized under the auspices of the ICC International Court of Arbitration, the launch conference is open to anyone working in the field of international arbitration. Discussions will focus specifically on improvements made since the last revision in 1998. The new rules, which enter into force on January 1, 2012, were updated to bring them into line with today’s business and government needs in international trade and investment deals.

Following the launch event, the highly anticipated 9th Annual Miami Conference, on November 7-8, is a key forum for understanding international commercial arbitration in Latin America and the Caribbean. Entitled “International Commercial Arbitration in Latin America: The ICC perspective”, it features a line-up of top-class speakers, including Pedro A. Batista Martins, partner of the law firm Batista Martins Advogados, Brazil.  He said: “ICC’s Miami Conference is the perfect way for the region’s arbitration professionals to keep on top of latest changes in this rapidly-evolving field – whether they speak English, Spanish or Portuguese.”

More on ICC’s 9th Annual Miami Conference

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ICC Unveils New Rules of Arbitration

Published on September 14, 2011

Arbitration and ADR Rules

North American launch event next week in New York

New York, N.Y., September 14, 2011 – The International Chamber of Commerce (ICC) has launched a much-anticipated revised version of its Rules of arbitration, with the aim of better serving the existing and future needs of businesses and governments engaged in international commerce and investment, according to the United States Council for International Business (USCIB), ICC’s American national committee.

The new Rules, which will come into force on January 1, 2012, take into account current requirements and developments in arbitration practice and procedure, as well as developments in information technology, since they were last revised in 1998.  They will be the subject of a two-day conference next week in New York, organized by the ICC International Court of Arbitration and USCIB.

Additions to the Rules include provisions to address disputes involving multiple contracts and parties; updated case management procedures; the appointment of an emergency arbitrator to order urgent measures; and changes to facilitate the handling of disputes arising under investment treaties and free trade agreements.  Other amendments have also been made to ensure that the arbitral process is conducted in an expeditious and cost-effective manner.

In response to growing demand for a more holistic approach to dispute resolution techniques, the new Rules are published in a booklet that also includes the ICC ADR Rules, which provide for mediation and other forms of amicable dispute resolution.  Both sets of Rules define a structured, institutional framework intended to ensure transparency, efficiency and fairness in the dispute resolution process while allowing parties to exercise their choice over many aspects of procedure.

“It is one of the principal aims of the International Court of Arbitration to ensure that its Rules promote efficiency in the arbitral process and that they reflect current practice, consistent with the overriding objective of doing justice between the parties,” said John Beechey, chairman of the ICC International Court of Arbitration.  “To the extent that it was thought necessary to do so, new measures and procedures have been introduced, such that the 2012 Rules of Arbitration respond to today’s business needs while remaining faithful to the ethos, and retaining the essential features, of ICC Arbitration.”

A highly anticipated launch conference, to be held in New York on September 19 and 20, will provide participants with a comprehensive overview of the changes to the Rules and a valuable chance to have direct interaction with several drafting group experts.  Conference information and registration is available at www.iccnorthamerica.org.

“This conference will unveil and explain the changes made to the ICC Rules, and will be the first opportunity for practitioners to acquire a comprehensive overview of the changes made,” according to Josefa Sicard-Mirabal, director of the ICC International Court of Arbitration’s North American office in New York.  “Participants will have the rare opportunity to learn from practitioners who participated actively in the rules revision process in preparation for the entry into force of the new ICC Rules on January 1, 2012.”

An earlier sold-out launch conference took place in Paris on September 12.  Other launch events are scheduled for Hong Kong (October 10), Singapore (October 12), Dubai (October 31), and Miami (November 6).  The Miami event, which will bring arbitration experts, legal practitioners and business executives from throughout Latin America, is also being co-organized by the ICC International Court of Arbitration and USCIB.

The revision process began in 2008 and was undertaken by a small drafting committee of up to 20 members, supported by a wider task force of 202 members and a consultation process with ICC national committees around the world and the ICC Commission on Arbitration.

“A great many dispute resolution specialists and corporate users from different legal traditions, cultures and professions had an opportunity to comment on the drafts, make suggestions and record their views,” said Jason Fry, secretary general of the ICC International Court of Arbitration.  “With this revision of the rules we have tried, in particular, to listen to the users of international arbitration, whether they come from business or government.  Many of the new provisions in the rules have been shaped with their input.”

Peter Wolrich, chairman of the ICC Commission on Arbitration and managing partner with the French law firm Mallet-Prevost, Colt & Mosle, said: “The International Court of Arbitration is at the cutting edge of change, continuously working to promote greater efficiency through the innovative design of new tools and procedures. The new Rules meet the growing complexity of today’s business transactions, the needs surrounding disputes involving states, and the demand for greater speed and cost-efficiency.”

The Rules are available in several languages and are intended for use by parties in any part of the world in proceedings conducted in any language and subject to any rules of law.  To download a free copy of the ICC Rules of Arbitration, please visit www.iccwbo.org/ICCDRSRules.  To register for any of the upcoming launch conferences or training sessions, visit www.iccwbo.org/events.

ICC is not only a trusted provider of arbitration but also of other dispute resolution services. The launch of the new Rules coincides with the launch of the ICC International Center for ADR, previously informally known as the ICC “green services.”  The Center oversees ICC Amicable Dispute Resolution, Expertise, Dispute Boards and DOCDEX (Documentary Instruments Dispute Resolution Expertise), helping to secure settlements efficiently with minimal loss of time and resources.

About ICC

The International Chamber of Commerce is the largest, most representative business organization in the world. Its hundreds of thousands of member companies in over 120 countries have interests spanning every sector of private enterprise.  A world network of national committees keeps the ICC International Secretariat in Paris informed about national and regional business priorities. More than 2,000 experts drawn from ICC’s member companies feed their knowledge and experience into crafting the ICC stance on specific business issues.  The United Nations, the World Trade Organization, the G20 and many other intergovernmental bodies, both international and regional, are kept in touch with the views of international business through ICC.  For more information please visit www.iccwbo.org.

About USCIB

USCIB promotes open markets, competitiveness and innovation, sustainable development and corporate responsibility, supported by international engagement and prudent regulation.  Its members include top U.S.-based global companies and professional services firms from every sector of our economy, with operations in every region of the world.  With a unique global network encompassing leading international business organizations, including ICC, USCIB provides business views to policy makers and regulatory authorities worldwide, and works to facilitate international trade and investment.  More information is available at www.uscib.org.

ICC International Court of Arbitration website

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Member Staff News: New Chair for ICT Committee

Published on April 1, 2011

Spring 2011

New Chair for ICT Committee

Amb. David Gross
Amb. David Gross

Ambassador David Gross, the former top State Department official on international communications policy, now at Wiley Rein, is the new chair of USCIB’s Information, Communications and Technology Committee. He will lead the development and delivery of business views on information technology and Internet policy developments worldwide. Mr. Gross succeeds Arthur Reilly, who has retired from Cisco Systems, Inc….Pfizer executive Anthony Barone has been appointed vice chair of USCIB’s Customs and Trade Regulations Committee, in which he is set to advance the committee’s work program and provide support to the committee’s chair, Selig Merber, vice president of GE International. The committee’s work focuses on customs reform, with the aim of simplifying and harmonizing customs policies and procedures so as to overcome barriers to trade.

Send your USCIB member news to news@uscib.org.

New USCIB Members

We are delighted to welcome the following companies and organizations as the latest additions to USCIB’s diverse membership:

The Gap, Inc.

NBC Universal

King & Wood

Seyfarth Shaw LLP

FTI Consulting

American Farm Bureau Federation

Center for Information Policy Leadership

Distilled Spirits Council of the U.S.

To learn more about how USCIB membership can benefit your organization, contact Alison Hoiem (202-682-1291 or ahoiem@uscib.org).

Staff News

Josefa Sicard-Mirabal, Director of Arbitration and ADR, North America of the ICC International Court of Arbitration, has joined a new Sanctions Committee under the Inter-American Development Bank (IDB), which will investigate and sanction all new corruption allegations…  Alexandra Garcia and Kira Yevtukhova have joined USCIB as program development assistants supporting the policy team. Prior to joining USCIB, Kira interned at the British Council‘s New York office working with the Programming and the Partnerships teams.  She holds a Bachelors Degree from Mount Holyoke College in International Relations and a minor in Russian Eurasian Studies. After the completion of her undergraduate degree, she participated in Columbia University’s 2010 Hertog Global Strategy Initiative, which focused on historical analysis and policy making in the field of Nuclear Nonproliferation. She is a Russian speaker and is proficient in French. Alexandra obtained Bachelor of Arts degrees in International Affairs and Communication Studies from Northeastern University.   She studied abroad in Italy and South Africa and lived in Geneva, Switzerland while she worked as a Junior Professional Officer for the Implementation Support Unit of the Anti-Personnel Mine Ban Convention.  She is fluent in Spanish and is currently learning French.