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Not to be confused with Permanent Court of Arbitration.

ICC Court of Arbitration strives for fairness, neutrality, and nondiscriminatory practices.

The International Chamber of Commerce Court of Arbitration (ICC Court) is a private institution for dispute resolution for companies and governments to settle business issues. ICC Court provides various dispute resolutions: pre-arbitral, arbitration, mediation, and other forms of alternative dispute resolution (ADR). Contrary to what its name suggests, the ICC does not issue formal judgments. Instead, it provides "judicial supervision of arbitration proceedings." The ICC's main objectives are to establish rules, resolute disputes, and advocate for policies that favor commerce, mainly international trade. ICC's regulations are voluntary since it comprises international companies in different nations and comprises sovereign state's chamber of commerce executing business contacts with other international businesses. Because there no sovereign international authority, businesses out of necessary formed international organizations to solve disputes that arose from international commerce transactions.

The ICC Court of Arbitration is classified as nonprofit organization manage and is an autonomous body of the International Chamber of Commerce. One of the purposes of the ICC Court of Arbitration is to supervise and administer arbitration at every step of the process. The Rules of Arbitration govern the ICC Court of Arbitration. ICC Court of Arbitration is the leading dispute resolution because it is reliable and better option than court litigation since it is cheaper and less time-consuming. Additionally, ICC Court of Arbitration has no regulations on nationality, language, location, or law. Thus, everyone is welcome, and the arbitration take place anywhere and in any language. ICC Court of Arbitration specialties in arbitration, dispute resolution, alternative dispute resolution, and law.

Previously, ICC arbitration awards were rarely made public to preserve the confidentiality and privacy of the parties involved in the dispute. This was also done to protect trade secrets. However, in 2018, the ICC revised its Rules of Arbitration to be more transparent. Now users of the ICC Court are automatically opting to have their dispute resolutions arbitral awards public. Still, they can opt-out if they prefer the dispute to be kept confidential.

The ICC Court of Arbitration is composed of more than 100 arbitrators from roughly 90 countries. ICC Court of Arbitration is the largest and most diverse business organization in the world. It is an international private organization, which operates under the umbrella of the International Chamber of Commerce. In 2016, the ICC gained a UN Observer Status, although it has been engaging with the United Nations since 1945. The ICC membership consists of more than 130 countries, multinational companies, medium and small enterprises, trade associates, and local chamber of commerce. The ICC has three main functions: rule setting, dispute resolution, and policy advocacy.

The court's official working languages are English and French. However, cases can be administered in any language. The headquarters of the ICC is in Paris, France. However, the ICC also has offices in Hong Kong, New York, Sao Paulo, Singapore, and Abu Dhabi.

As of 9 January 2020, the court has registered 25,000 cases since its creation. It also saw a record number of cases reported in 2019, an indication of the ICC's efforts to expand its services in recent years. The ICC is one of the most used international institutions for dispute resolutions. The President of the ICC, Alexis Mourre, credited the increase of cases to the ICC Court to the organization's expansion endeavors and the demand for "neutral services that support trade and investment in volatile times."

Background

The Court was founded in 1923 under the leadership of the ICC's first president Étienne Clémentel, a former French Minister of Finance. Their slogan is "Leading the dispute Resolution Worldwide." The ICC headquarter is located in Paris, France.

Members of the ICC Court are appointed to three-year terms by the ICC World Council on the recommendation of ICC 'national committees' or groups. In jurisdictions where there is no national committee or group, members are recommended for appointment by the President of the Court. Alternate members are appointed by the World Council on the recommendation of the court's President.

The President of the ICC is Alexis Mourre of France.

The Framing of the Court

The ICC Court is unique compared to other international arbitration institutions since it offers a nongovernmental organization composed of representatives from more than fifty countries. The Court's present chairman/chairwoman and nine vice-chairs are from Australia, Brazil, Egypt, France, India, Japan, Senegal, Sweden, Switzerland, and the United States. This is done to ensure the Court is entirely independent and neutral. Its members are all independent of the ICC, which is also classified as a nonprofit association with membership in more than 130 countries and national committees. The ICC represents membership in about 60 countries. The national committees nominate the Court members, which comprises law professors, senior lawyers, in-house counsel, and other promenade jurists.

The Court's justification is to set forth statutes "to ensure the application of the Rules of Conciliation and Arbitration of the International Chamber of Commerce." Additionally, the ICC Court is responsible for most of the decisions regarding the ICC arbitration proceedings, such as setting the arbitration in motion, determining whether the permit the joinder of arbitrations, designating arbitrator(s), reviewing and confirming the appointment of arbitrator(s) nominated by the parties. It also includes arranging, if necessary, the place of arbitration, reviewing and deciding allegations of arbitrator bias or misconduct. Other functions of the ICC Court are extending time limits, scrutinizing and approving arbitral awards, and fixing the arbitrator's fees. To perform those functions, the Court collaborates using the members' expertise to function fairly and exceptionally.

Arbitration Rules and Producers

It is highly encouraged and prudent for those entering into an international legal contract to stipulate which arbitration institutions and arbitration rules they would like applied if any dispute were to arise. This will create the arbitration's legal framework; thus, they would be subjected to mandatory requested of the applicable law. The plaintiff and defendant are free to agree on the procedures for their arbitration, or they can accept the procedures under the law. The procedures can be modified or supplemented and are used to interpret the case by the arbitrator(es).

If a party would like to settle the dispute(s) under ICC Arbitration Rules, the parties need to insert and agree upon the rights and obligations in detail, such as the ICC Arbitration Clause in the contract stating that:

"All disputes arising out of or in connection with the present contract shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules."

Writing that clause into the contract will ensure that commercial disputes are resolved through the ICC arbitration rather than in domestic litigation. The arbitration awards are enforced under the 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Award (also known as the New York Convention). The awards are enforceable in approximately 166 countries so long as no case is being reheard on facts or the law.

Parties can specify if they would like one or three arbitrators if a dispute may emerge. Suppose the parties do not indicate what international laws of arbitration they would prefer in their contact. In that case, they can still use the ICC Court of Arbitration and apply the ICC Arbitration Rules to their disputes, so long as both parties agree to use the ICC Court to settle their grievance(s). The parties can even modify the ICC Arbitration Rules provided that they negotiate and decide on the new procedures.

On January 1, 2021, new rules of the ICC Court of Arbitration entered into effect. The rules define and regulate how the ICC Arbitration operates. The rules implemented ensure that the ICC Court of Arbitration remains neutral. Thus, ensuring that the parties are treated neutral and without favoritism.

Awards

The awards must be written and signed by the arbitrators. If that producer is not followed, then the award is void. However, if the majority of the arbitrators sign the certificate, then the award is valid. Those who dissent to the judgment may issue a dissent.

According to the ICC Court of Arbitration's rules, the award must be supported by reasons. The awards are usually paid within a year of the ruling unless the Court has given them an extension. Typically, an extension is granted only if they have a valid reason. Parties may negotiate a time limit for rendering the award, although this may result in extensions being rejected.

Additionally, the ICC Court of Arbitration's rules allow for the Court to modify the awards if they see a discrepancy or a ruling that may seem out of line.

Cost of Arbitration

The cost of arbitration varies depending on the dispute and parties. However, the ICC provides a "cost calculator," which the public can access to estimate how much it would cost to arbitrate a dispute under their supervision. The price is according to the scales that are stated in "Appendix III to the ICC Rules of Arbitration." The party has to submit a request to the Secretariat. The calculator has the option to use US Dollars or Brazilian Reais. The court may set the price for arbitration. Meaning they set the fee for the arbitrator(s). The fee must be paid upfront before the arbitration begins. The calculator does not include the costs of the arbitrator(s)' expenses.

Attorneys

Currently, it is not mandatory for the parties to hire lawyer(s) for arbitration; however, it is recommended. Depending characteristic of the case attorneys may charge by the hourly, monthly or quarterly.

Location of Arbitration

Arbitrations can take place is any location, so long both parties agree. If the parties do not agree the ICC Court of Arbitration will select the location. Because COVID-19 they have shifted towards remote arbitral hearings.

ICC's Principles

The ICC is working on human rights, more specifically, refugees, gender inequality, and discrimination. They are working to bring awareness to inequality, calling out biases, and questioning stereotypes. The ICC believes that businesses must work for everyone, and corporations have a responsibility to stop discrimination and inequity. The ICC promotes "...equity and justice for all." Furthermore, the ICC also advocates for globalizing regulation standards and is part of sitting regulations standards. They promote six ways to ensure business ethics are established within a company to have a gold standard, enabling them to sustain growth without corruption. The ICC's principles are reflect in the ICC Court of Arbitration implementing policies to ensure fairness, neutrality, and nondiscriminatory practices.

ICC Locations and Information

This information can also be found on the ICC webpage.

Headquarters in Paris	The Secretariat of the International Court of Arbitration® International Chamber of Commerce 33-43 avenue du President Wilson 75116 Paris, France
	Tel.: +33 1 49 53 28 78 Fax: +33 1 86 26 67 51 Email: [[1]]
Secretariat Asia Office in Hong Kong	International Chamber of Commerce International Court of Arbitration® Room 102, 1/F., West Wing, Justice Place, 11 Ice House Street, Central, Hong Kong
	Tel.: +852 3954 9504 Fax: +852 2523 1619 Email: [[2]]
North America Office – SICANA Inc.	SICANA Inc. International Chamber of Commerce International Court of Arbitration® 140 East 45th Street New York, Suite 14c NY 10017, USA
	Tel.: +1 646 699 5704 Fax: + 212 221 12 95 Email: [[3]]
Brazil Office – Secretaria da Corte Internacional de Arbitragem do Brasil LTDA (SCIAB)   Note on the functioning of the Brazilian office of the Secretariat of the Court available here	SCIAB International Chamber of Commerce International Court of Arbitration® Rua Surubim 504 – 12o andar – Cidade Monções 04571-050 São Paulo – SP, Brasil
	Tel.: +55 11 3040-8830 Email: [[4]]
Singapore Office – Secretariat of the International Court of Arbitration Singapore (SICAS)	SICAS International Chamber of Commerce International Court of Arbitration® 28 Maxwell Road #02-01, Maxwell Chambers Suites Singapore 069120
	Tel: +65 6971 1000 Email: [[5]]
Abu Dhabi Office – ICC MENA	International Chamber of Commerce International Court of Arbitration® Level 20, Al Maqam Tower, Al Maryah Island, P.O. Box 111999, Abu Dhabi, United Arab Emirates
	Tel  +971 2 333 8982 Mobile +971 56 3943760 Emails: [[6]] AND [[7]]

ICC Court of Arbitration and Permanent Court of Arbitration

The ICC Court of Arbitration is commonly confused with the Permanent Court of Arbitration. This can be the result of similarities such as they both are not a part of the United Nations. They both have positions as observers in the United Nations' General Assembly.

Other International Courts of Arbitration

• The London Court of International Arbitration (LCIA). It was established in London in 1892. The LCIA also has an affiliated arbitral institution in Dubai (DIFC-LCIA).
• The International Centre for Dispute Resolution (ICDR). The ICDR is a part of the American Arbitration Association (AAA). It was established in 1926in the used states.
• The Hong Kong International Arbitration Center (HKIAC). HKIAC was established in Hong Kong in 1985.
• The Singapore International Arbitration Center (SIAC). It was established in Singapore in 1991.

External links

• International Court of Arbitration website
• International Chamber of Commerce website

Category:Arbitration Category:Arbitration law Category:International arbitration courts and tribunals Category:Rules