New rules of arbitration

Páginas: 81 (20036 palavras) Publicado: 23 de outubro de 2012
ArbitrAtion And Adr rules

International Chamber of Commerce

The world business organization

International Chamber of Commerce (ICC) 38, Cours Albert 1er, 75008 Paris, France
© ICC 2001, 2011 All rights reserved. This collective work was initiated by ICC which holds all rights as defined in the French Code of Intellectual Property. No part of this publication may bereproduced or copied in any form or by any means, or translated, without the prior permission in writing of ICC. Of the various languages in which these Rules are published, the English and French versions are the only official texts. ICC, the ICC logo, CCI, the CCI logo, International Chamber of Commerce (including Spanish, French, Portuguese and Chinese translations), World Business Organization,International Court of Arbitration, ICC International Court of Arbitration (including Spanish, French, German, Arabic and Portuguese translations) are all trademarks of ICC, registered in several countries. Designed by Further™ Printed in France in September 2011 by Imprimerie de l’Orangerie, Trappes (78). Dépôt légal septembre 2011

This bookletcontains two discrete but complementary dispute resolution procedures offered by the International Chamber of Commerce (ICC). Arbitration under the ICC Rules of Arbitration is a formal procedure leading to a binding decision from a neutral arbitral tribunal, susceptible to enforcement pursuant to both domestic arbitration laws and international treaties such as the New York Convention. ADR (amicabledispute resolution) under the ICC ADR Rules aims to facilitate a negotiated settlement with the assistance of an independent neutral. The default procedure under the ADR Rules is mediation, but the provisions also encompass conciliation, neutral evaluation and a variety of combinations of these and other techniques. Both sets of Rules provide for administered procedures, which require parties tofile an application with the International Court of Arbitration (“the Court”) (for arbitration) or the International Centre for ADR (“the Centre”) (for ADR) as appropriate. The Court and the Centre respectively are the only bodies empowered to administer these Rules, thereby affording parties the benefit of the experience, expertise and professionalism of a leading international dispute resolutionprovider. Parties wishing to have recourse to ICC dispute resolution are encouraged to include an appropriate dispute resolution clause in their agreements. For this purpose, standard clauses are proposed, which parties may adapt to their particular needs and circumstances. Examples of recommended clauses can be found at the end of this booklet.


These Rules respond to today’s businessneeds. The 2012 Rules of Arbitration remain faithful to the ethos, and retain the essential features, of ICC arbitration, while adding new provisions to address such matters as 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 underinvestment treaties and free trade agreements. 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. They are published together in this booklet in answer to the growing demand for a holistic approach to dispute resolutiontechniques. Drafted by dispute resolution specialists and corporate users from different legal traditions, cultures and professions, these Rules are applicable to contractual disputes between parties in any part of the world, whether or not members of ICC. They are intended for use worldwide in proceedings conducted in any language and subject to any law. For the convenience of users, the Rules...
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