Arbitration Archives

Registration Open for USCIB’s Arbitration Committee Annual Session

Published on January 9, 2017

uscib-icc-logoThe USCIB Arbitration Committee will hold its annual session on Wednesday, January 18th in NYC. The luncheon will feature updates from the ICC International Court of Arbitration as well as from the United States Council for International Business. Alexis Mourre and Andrea Carlevaris, president and secretary general of the International Court of Arbitration, respectively, and USCIB President & CEO Peter Robinson will give presentations on recent developments at each institution.

Additional topics to include updates on ICC Court matters and discussion on the launch of the ICC revised Rules of Arbitration.  Amendments to the ICC Rules of Arbitration have been made with the aim of further increasing the efficiency and transparency of ICC arbitrations. The revised rules will apply beginning March 1, 2017. They provide for expedited procedure rules for cases of lower value. The main changes will be discussed, with a strong focus on features of the expedited procedure including substantive and procedural aspects. A PDF copy of the updated rules can be downloaded here .

The ICC Commission on Arbitration & ADR’s will also launch of its new Report: Financial Institutions and International Arbitration.

ICC Commission’s latest Report on Financial Institutions and International Arbitration reflects financial institutions’ perceptions and experience of international arbitration. Arbitration, with its flexibility and worldwide enforcement, has the potential to become the preferred dispute resolution method for the world’s corporate and investment banks. This one-of-a-kind interdisciplinary Report addresses the potential benefits of international commercial arbitration in banking and financial matters and some common misperceptions about the process. It concludes with a series of detailed recommendations for tailoring the arbitration procedure to suit the needs of the banking and finance sectors.

The report offers an analytical survey of arbitration in twelve banking and financial sectors and products spanning all CIB financing, capital markets, asset management and advisory mandate fields. It is the

linchpin of a new approach to dispute risk management in international banking and finance. The Report does not seek to establish rules or guidelines, but provides practical information which will be of assistance to arbitrators, counsel and parties. The program for the launch event will feature presentations given by members of the ICC Commission, Secretariat and the Task Force that produced the report.

 To register, please contact Jessica Berti at jberti@uscib.org 

Hold the Date: ICC Institute Masterclass for Arbitrators

Published on December 19, 2016

ICC Institute Masterclass for Arbitrators: Overview of fundamentals and best practices related to serving as an arbitrator

Please save the date for the upcoming ICC Institute Masterclass for Arbitrators: Overview of fundamentals and best practices related to serving as an arbitrator,

Date: March 13-15, 2017

Location: Washington, DC

This advanced level training will provide participants with an opportunity to gain a deeper insight into some of the provisions of the 2012 ICC Rules of Arbitration while learning about the latest developments and best practices related to serving as an international arbitrator.

Topics to include:
• The role and appointment of arbitrators
• Establishing the arbitrator’s authority to create a suitable working framework
• Conduct of the proceedings and case management techniques
• Mock arbitral tribunal to explore issues pertaining to relations between arbitrators
• Drafting enforceable awards and scrutiny by the ICC International Court of Arbitration

Who should attend:
• Practitioners who have significant experience in international commercial arbitration as counsel, but little or no experience as arbitrators.
• Arbitrators who wish to reinforce their knowledge.

Registration information will be circulated when it is available. If you are interested in attending, please email Alexandra Akerly.

ICC Court of Arbitration Events: Issues for Colorado Businesses and Conference on International Energy Arbitration

Published on November 21, 2016

ICC Co-Sponsored Luncheon “Key Issues for Colorado Businesses” – November 30 in Denver

ICC’s International Court of Arbitration will be one of several organizations presenting at a luncheon on “Key Issues for Colorado Businesses” in Denver on November 30, 2016. The event is organized by David Wilson, the Rocky Mountain Chair of USCIB’s Arbitration Committee and several local business organizations, including Metro Denver Economic Development Corporation, World Trade Center Denver, the Association of Corporate Counsel, and the CBA International Law Section.

This program is ideal for anyone who does business internationally and would like to learn more about international dispute resolution in general and ICC arbitration in particular. Topics will include:
• Why companies should consider providing for international arbitration in international contracts;
• Key points to include in contracts that provide for international arbitration—for example, to help save time and costs and to ensure that the arbitral award is enforceable;
• Unique features of ICC arbitration and the latest news from the ICC Court;
• Avoiding common mistakes in international arbitration.

CLE Credit is available and the cost to attend is $15. Registration is open until November 25.

4th ITA-IEL-ICC Joint Conference on International Energy Arbitration – January 12-13 in Houston

This fourth annual conference presented by the ICC International Court of Arbitration, the Institute for Transnational Arbitration and the Institute for Energy Law will address the current key influences on international arbitration in the energy sector today. Register by December 16 to take advantage of the discounted early bird rate. See detailed conference program and information on how to register.

Sponsorship Opportunities are still available for the conference! Benefits of sponsorship include exposure to thousands of constituents of the ICC, ITA and IEL, exclusive event sponsorships, complimentary registrations and the opportunity to display promotional materials at the conference.

12 Reasons to Attend ICC’s Miami Arbitration Conference

Published on October 14, 2016

Miami

Hundreds of legal professionals from the United States and Latin America are set to converge in Miami next month for the International Chamber of Commerce (ICC) Miami Conference on International Arbitration.

Originally launched 14 years ago with just 60 participants, the annual event now attracts around 550 practicing lawyers, arbitrators, mediators, corporate counsel and academics for debate, discussion and insight into the latest trends and developments in international arbitration

The Miami Conference was the first of many ICC regional arbitration conferences that take place worldwide today and with even more participants expected this year.

We bring you 12 highlights of the event to get you geared up to attend. See all 12 on ICC’s website.

ICC New York Conference Explores Regional Arbitration Landscape

Published on September 22, 2016

ICCNewYorkConferenceOver 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.

“With more than 200 registered delegates, the ICC North American regional conference held in New York is a testament to the continuous growth of our workload in the United States, Canada and Mexico. This conference is already the main arbitration event in the region and we look forward to it becoming even more successful in the years to come,” said Mourre.

Finding balance in institutional reform

The first item on the agenda was a discussion on the series of reforms recently adopted by the Court. These changes are part of an on-going strategy that aims to modernise and enhance transparency and predictability procedures in ICC Arbitration. However, these policies bring to light questions regarding the role of an arbitral institution, its tools made available to satisfy users’ needs and appropriate methods of regulation. Expert opinions and perspectives were debated by the panel comprising leading arbitration practitioners. Each made comments as to whether or not the reforms sufficiently meet user expectations. Global Chief Litigation Counsel at GE Oil and Gas, Michael McIlwrath, said: “It feels as though the past four years have seen more changes in the practice of international arbitration than the previous 40. But more progress remains to be made.”

Confronting problems of parallel proceedings

While simultaneous proceedings are by no means a new phenomenon, they have become increasingly more commonplace. Parallel arbitrations between the same or closely related parties; multiple arbitrations in a series of vertical contracts; civil suits in one or more courts; even criminal investigations and prosecutions have progressively turned into companions to international arbitration. The second conference panel explored how international arbitration and other dispute resolution mechanisms work together, and at times conflict, in managing the many facets of a complex case. Panellists provided insight and effective strategies to employ when dealing with such complexities.

Challenges of witness testimony

The final panel dealt with the flaws in witness testimony. Although it is commonly presented in international arbitration, cognitive science has demonstrated the unreliability of human memory. The panel explained the contemporary scientific understanding of witness recall and whether the implications of this research present a problem in arbitration procedures. When discussing how arbitration practice can improve arbitrators’ ability to reliably determine facts, Associate Professor at John Jay College of Criminal Justice and the City University of New York, Deryn Strange, voiced her thoughts on changes that should be made. She said: “Memory evidence should be treated in similar ways to biological evidence – protected from any distorting or contaminating influence at every step of the judicial process.”

The conference concluded with an interactive mock plenary session. The exercise celebrated the Court’s inaugural working session in New York City, which took place on September 15-16, 2016. In the more than 90-year history of the Court, this is only the second occasion where the full Court met outside of its Paris headquarters – the first having occurred only recently in Hong Kong on June 30, 2016.

Court working sessions include a ‘regular’ plenary session – a monthly meeting, deciding on challenges against arbitrators and scrutinising draft awards in cases with states or state entities as parties, and draft awards reached by majority.

Court working sessions also include sessions on Court activities of the previous 12 months, and sets out objectives for the following year. Reports on the Court’s activities and future work were presented by Mourre and Carlevaris.

The two-day working session concluded with a roundtable discussion. The secretariat and Court vice presidents announced their first conclusions on the Court’s recently-introduced practices. These practices comprise communications of reasons on Court decisions; the publication of arbitrators’ names on the ICC website; diversity in the appointment of arbitrators; tackling delays in the timely submission of awards; and reduction and uplift of arbitrators’ fees.

For those who were not able to attend the sold-out ICC New York conference, the next regional arbitration event is the ICC Miami Conference, 13-15 November 2016 .

ICC Arbitration Posts Strong Growth in 2015

Published on May 12, 2016

gavelParis, May 11, 2016 – The International Court of Arbitration of the International Chamber of Commerce (ICC) has announced strong growth in 2015—underscoring the ICC Court’s position as the world’s leading arbitral institution.

The Court recorded the second highest number of new cases in its 93-year history, with some 801 cases filed over the course of 2015. New cases administered by the Court involved a total of 2,283 parties—with multiparty disputes accounting for more than 30% of the total new caseload for the first time.

New records were set in 2015 for the average value of new ICC disputes and the aggregate value of cases before the Court. The average monetary value in dispute in new ICC cases rose to $84 million from $63 million in 2014—with the largest dispute valued at over $1 billion. The aggregate value of all disputes pending before the Court at the end of the year stood at $286 billion.

The disputes submitted to the ICC Court in 2015 covered a broad range of sectors. Construction and engineering disputes accounted for a quarter of all cases received during the year, while energy disputes made up just under 20 percent of all new cases. Thirteen percent of cases filed in 2015 involved state or state-owned entities.

Commenting on the release of these results, President of the ICC Court Alexis Mourre said: “In a fiercely competitive market, the ICC Court continues to enjoy strong growth throughout the world. Our 2015 results show that the ICC Court is increasingly seen as the go-to institution for complex and high-value disputes.”

SICANA provides ICC arbitration and other ICC dispute resolution services in North America. USCIB’s Arbitration Committee promotes ICC arbitration services as an expeditious and economical means of settling commercial disputes, with several subcommittees located all over North America.

Cases filed in 2015 involved parties from 133 countries and independent territories worldwide—far outstripping the global reach of any other commercial arbitration institution. Parties from the United States remained the most numerous, while a significant rise was seen in parties from Australia, China and the United Arab Emirates.

In a landmark move, ICC has for the first time disclosed statistics on the gender balance of ICC tribunals. Women arbitrators represented just over 10% of all appointments and confirmations in 2015—and were more frequently appointed or confirmed as co-arbitrators (43%) than they were as sole arbitrators (32%) or tribunal presidents (25%). The statistics show that parties were less likely to select women arbitrators than the ICC Court.

About USCIB:
USCIB promotes open markets, competitiveness and innovation, sustainable development and corporate responsibility, supported by international engagement and regulatory coherence. Its members include 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 BIAC, 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.

Contact:
Jonathan Huneke,
VP communications, USCIB
+1 212.703.5043 or jhuneke@uscib.org

University of New South Wales Wins 11th ICC International Commercial Mediation Competition

Published on February 11, 2016

Mediation_awardLauded 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.”

ICC Report Examines How Arbitrators Make Decisions on Costs

Published on February 5, 2016

Decisions on Costs in International Arbitration_source_sourceThe 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 report identifies the cost allocation considerations that arbitrators take into account and considers how decisions on costs can be used not only to allocate costs fairly, but also as a means to improve efficiency during the proceedings.

“Users would like decisions on costs to be predictable, but at the same time, the discretion enjoyed by arbitrators needs to be preserved so as to ensure that a fair result can be achieved in each case,” said Christopher Newmark, Chair of the ICC Commission. “The report describes how arbitrators can address both these needs – but it does not establish guidelines or endorse a specific approach,”

Topics covered in the report include the relevance on costs allocation of the procedural behaviour of the parties, how costs issues may be discussed at the early case management conference, how interim decisions on costs can be taken, dealing with in-house costs, the potential impact of third party funding and success fee arrangements, and how tribunals assess the reasonableness of costs.

The report sets out the research upon which it is based, which comprises a review of decisions on costs in hundreds of ICC awards as well as reports from eight other arbitration institutions and summaries of reports on national approaches to cost decisions from over 40 ICC national committees.

Following significant revisions made to the ICC Arbitration Rules in 2012, the new report is ICC’s latest tool for encouraging greater control of time including ICC’s 2012 Report on Techniques for Controlling Time and Costs in Arbitration and 2014 Guide on Effective Management in Arbitration .

For a copy of the full report visit: Decisions on Costs in International Arbitration – ICC Arbitration and ADR Commission Report

ICC-Atlanta Center Cooperation to Bolster Services in North America

Published on January 19, 2016

ACIAM-conference-roomThe International Chamber of Commerce and the Atlanta Center for International Arbitration and Mediation – a state-of-the-art hearing and conference facility for international dispute resolution affiliated with the Georgia State University College of Law – have announced efforts to enhance cooperation under the terms of a memorandum of understanding (MOU) entered into January 15.

The collaboration is set to benefit the international arbitration community and reinforce the commitment of ICC’s International Court of Arbitration to North America, the largest constituency of ICC Arbitration users.

The MOU is the latest step by the Court to bolster its presence in the United States following the establishment of a case management team in New York operating under the corporate name of SICANA Inc.

“US parties rank first as users of ICC Arbitration and other ICC dispute resolution services,” said Andrea Carlevaris, secretary general of the ICC International Court of Arbitration. “The opening of an office administering ICC arbitrations in New York City in 2013 is a tangible sign of our commitment to North America and has boosted our services in the country. The MOU with the Atlanta Center is another step in the same direction for us to raise our profile in the region.”

Shelby Grubbs, the Atlanta Center’s executive director, noted: “We are thrilled to be aligned with the ICC, one of the world’s oldest and most prestigious international institutions offering arbitration and alternative dispute resolution services. Atlanta is the commercial capital of the Southeastern U.S., a region with a $3.3 trillion economy. With our location and great logistics, we are confident that we can help the ICC expand in North America.”

Under the parameters of cooperation outlined in the MOU, the Atlanta Center will provide hearing and conference space to ICC facilities for the Court of Arbitration to conduct its operations in Atlanta. In return, ICC will advocate the use of the Atlanta Center for arbitration hearings in the city and in neighbouring areas. Through the end of 2016, the Atlanta Center will provide hearing space to the ICC and parties booking through the ICC at a 40 percent discount.

Celebrating its 90th anniversary in 2013, the ICC International Court of Arbitration is one of the oldest and most respected institutions for international commercial arbitration, an appealing alternative to litigation for companies and states. In addition to the Court’s wealth of expertise, partnerships with respected partners such as the Atlanta Center demonstrate ICC’s commitment to keep pace with contemporary interests and concerns of dispute resolution service users around the world.

The Atlanta Center for International Arbitration and Mediation is located on the fourth floor of the Georgia State University College of Law at 85 Park Place NE, Atlanta, GA 30303. For additional information on the center go to: http://atlciam.org/

ICC Court Announces New Policies to Foster Transparency and Efficiency

Published on January 5, 2016

gavelThe 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.”