A party who initiates arbitration without objecting to a provision of the Rules of Procedure or other rules applicable to the proceedings, an instruction given by the arbitral tribunal or a requirement of the arbitration agreement relating to the constitution of the arbitral tribunal or the conduct of the proceedings shall be deemed to be a waiver of his right to object. 1. As soon as the arbitral tribunal has received the file from the secretariat, it shall, on the basis of documents or in the presence of the parties and taking into account their most recent findings, prepare a document setting out its terms of reference. (2) The mandate shall be signed by the parties and the arbitral tribunal. Within 30 days of the transmission of the file, the arbitral tribunal shall transmit to the Court the Constitution signed by it and the parties. The Court may, upon reasoned request by the arbitral tribunal or of its own motion, extend this period if it considers it necessary. (3) If one of the parties refuses to participate in the drafting of the statute or to sign it, it shall be submitted to the court for approval. If the mandate has been signed or approved by the Court in accordance with Article 23, paragraph 2, the arbitration proceedings shall continue. (4) Once the mandate has been signed or approved by the tribunal, neither party may assert new claims that do not fall within the limits of the terms of reference unless authorized to do so by the arbitral tribunal, taking into account the nature of the new claims, the stage of arbitration and other relevant circumstances. The arbitration rules are those modified from 2012 as amended in 2017 and 2021. They will enter into force on 1 January 2021. 2.
Salvo indicación en contrario, esta Nota es de aplicación a todos los arbitrajes de la CCI independientemente de la versión del Reglamento conforme a la que se lleven a cabo. Los Artículos en esta Nota hacen referencia al Reglamento de 2021. The expedited procedure (Article 30 and Appendix VI), which is a simplified procedure with a reduced fee tariff, has proven effective since it was introduced in 2017. The Rules extend their scope to disputes not exceeding US$ 3 million with respect to arbitration agreements concluded on or after January 1, 2021. The expedited procedure remains available for larger cases when its application is expressly agreed. Les travaux de la Cour sont confidentiels et doivent être respectés par quiconque y participe à quelque titre que ce soit. La Cour de justice réglemente les personnes qui peuvent assister aux réunions de la Cour et de ses commissions et qui ont accès aux documents relatifs aux travaux de la Cour et de son secrétariat. With respect to the conduct of proceedings, the 2021 amendments recognize the increased use of technology in arbitration, such as the transmission of the request for arbitration and the response by electronic means (Articles 4 and 5) and the possibility for the arbitral tribunal to provide that hearings may be held remotely after consultation with the parties (Article 26, paragraph (1). In addition, the Rules of Procedure introduce a provision on additional arbitral awards (Article 36(3)) and, as an additional measure to improve the flexibility and efficiency of the procedure, encourage the parties to consider reaching agreement on all or part of their dispute (Annex IV, item (h)(i)).
(1) The parties shall be free to agree on the rules of law to be applied by the arbitral tribunal in this matter. In the absence of such an agreement, the arbitral tribunal shall apply such rules of law as it deems appropriate. (2) The arbitral tribunal shall have regard to the provisions of any contract between the parties and to the relevant trade usage. (3) The arbitral tribunal shall not assume the powers of an amicable composer or decide ex aequo et bono unless the parties have agreed to delegate those powers to it. Algunas de las modificaciones introducidas en 2021 reflejan prácticas consolidadas de la Corte, mientras que otras buscan aumentar la flexibilidad, eficiencia y transparencia de los Arbitrajes de la CCI. (1) The International Court of Arbitration (the “Court”) of the International Chamber of Commerce (the “ICC”) is the independent arbitration body of the ICC. The Statute of the Court of Justice is set out in Annex I.2. The Court does not itself rule on disputes. It administers the settlement of disputes by arbitral tribunals in accordance with the ICC Arbitration Rules (the “Rules”). The Tribunal is the sole body authorized to conduct arbitral proceedings in accordance with the Rules of Procedure, including the review and approval of arbitral awards rendered in accordance with the Rules. It shall lay down its own internal rules, which are set out in Annex II (`internal rules`). (3) The President of the Court (the “President”) or, in his absence or at the request of the President, one of its Vice-Presidents shall have the power to take urgent decisions on behalf of the Court, provided that such decision is communicated to the Court at its next part-session.
4. Under the conditions laid down in the Rules of Procedure, the Court of Justice may delegate to one or more committees composed of its members the power to take certain decisions, provided that such decisions are communicated to the Court at its next session. 5. The Court shall be assisted in its work by the Secretariat of the Court (the “Secretariat”) headed by its Secretary-General (hereinafter referred to as “the Secretary-General”). [Back to top] (1) Within 30 days of receipt of the Secretariat`s request, the respondent shall provide a response (the “Response”) containing the following information: (a) full name, description, address and other contact information; (b) the full name, address and other contact information of the person or persons representing the respondent in the arbitration; (c) its observations on the nature and circumstances of the dispute giving rise to and on the basis of the claims; (d) its response to the relief sought; (e) observations or suggestions concerning the number of arbitrators and their election in the light of the applicant`s proposals and in accordance with the provisions of Articles 12 and 13, as well as the appointment of an arbitrator required for that purpose; and (f) comments or suggestions regarding the place of arbitration, applicable legal standards and the language of the arbitration. The respondent may attach to the reply any other documents or information that it considers appropriate or that may contribute to the effective settlement of the dispute. 2. The Secretariat may grant the respondent an extension of time for filing the response, provided that the request for extension contains the respondent`s observations or suggestions concerning the number of arbitrators and their election and, to the extent required by Articles 12 and 13, the appointment of an arbitrator.