ARBITRATION

 

ICC's international Court of Arbitration, which was founded in 1923, is the institution which rules on economic disputes throughout the world. The Court of Arbitration deals with differences of opinion between companies in different countries quickly, impartially, in total confidentiality and with legal competence. More than 500 new cases were submitted to the ICC for arbitration in 1999. In the course of the year 2000 the ICC Court of Arbitration handled around 950 cases.

The Court of Arbitration has a decisive advantage in relation to the legal procedures by virtue of its speed. The parties have a free choice of arbitrator, location and language of the hearing as well as the applicable law. The decisions of the Court of Arbitration are definitive and binding.

 

The arbitrators are nominated from a group of 75 members in 57 countries. The Court of Arbitration itself ensures the organization and functioning of the hearings and provides assistance to the arbitrators if the need arises. It oversees the procedures, assists with problems and ensures that the decisions are complied with. The secretariat assists the parties and arbitrators with support in French, English, Arabic, German, Spanish, Italian, Polish and Russian.

 

Parties who would like to call in the Court of Arbitration in the event of a dispute should include this provision in their contract at the negotiation phase - that is to say well before the slightest indication of a conflict is apparent. The ICC therefore recommends that a clause concerning the facility to refer the matter to a court of arbitration in the event of conflict be included when drawing up the contract. It can be formulated as follows: "Any disputes resulting from or in connection with this contract will be ultimately decided in accordance with the regulations of the Court of Arbitration of the International Chamber of Commerce by one or more arbitrator(s) appointed in accordance with this regulation." To facilitate smooth arbitration, parties may find it useful to stipulate in the arbitration clause

 

  • the law governing the contract
  • the number of arbitrators
  • the place of arbitration
  • the language of arbitration

Parties should also consider the possible need for special provisions in the event that arbitration is contemplated among more than two parties. In addition, the law in some countries may lay down certain requirements for arbitration clause.

 

Here it may be noted that the ICC International Court of Arbitration does not resolve disputes, but names independent arbitrators to carry out this task. Its role is to organise and supervise, to help in overcoming obstacles that arbitrators may encounter in international disputes and to ensure that awards are enforced.

 

Parties are free to submit disputes to arbitrators of their choice and to fix the place of language of the arbitration, as well as the law applicable to the dispute. Awards are final and binding. Arbitration is faster than court proceedings.

 

Request for Arbitration

 

Content of the Request

 

Many requests filed at the ICC are very detailed and constitute a full description of a case. Others are less detailed. In any event the objective of a request submitted under the ICC rules is to set out the elements of the case as to:

 

1) permit the constitution on the most appropriate arbitral tribunal and

 

2) allow the Defendant party to set out his defence on the basis of the request and attached documents transmitted to him by the Secretariat.

 

A. WHERE TO SEND THE REQUESTS

The request for arbitration should be sent to :

The Secretariat of the International Court of Arbitration
38 Cours Albert 1er
75008 Paris
FRANCE
Tel.: +33 1 49 53 29 05
Fax: +33 1 49 53 29 33

 

It may also be sent through any of the ICC's National Committees including Indian National Committee, although the request is deemed filed at the date it is received by the Secretariat of the Court in Paris.

 

B. NUMBER OF COPIES

 

The request and attached documents is supplied in as many copies as there are other parties, plus one for each arbitrator and one for the Secretariat. For example, if there is one defendant and if the agreement provides for 3 arbitrators, five copies should be sent.

 

C. CONTENT

1) Parties to the Arbitration

  • Name in full of the Claimant party, with a brief description of its activities: name of person to contact regarding the arbitration (either in the company of the lawyer representing the party in the arbitration). Full address including phone and fax numbers.
  • Name in full of the Defendant party, with a brief description of its activities; Full address including phone and fax numbers.
 

2) A Statement of the case including :

  • the circumstances of the case
  • the legal grounds and remedies sought, including, if appropriate, and indication of the amount in dispute

3) The Relevant Agreements, and in Particular, the Contracts that prove the existence of an Arbitration Agreement.

 

4) All relevant particulars concerning the number of Agreements, and in particular concerning the number of Arbitrators and their Choice (Ref.Article 2 of the Rules).

  • Where the agreement provides for a sole arbitrator. Parties may by agreement nominate him for confirmation by the Court. Claimant may wish to indicate that he desires that the parties jointly choose an arbitrator. In any case, Claimant may submit any particulars concerning his choice.
  • Where the agreement provides for one or more arbitrators: Claimant should specify his choice for either one or three arbitrators. If he proposes a panel of three arbitrators, he is encouraged at the outset to nominate an arbitrator for confirmation by the court.

5) Any comments as to:

  • the place of arbitration
    the applicable law(s)
  • the language(s) of the arbitration

D. REGISTRATION FEE

Each request to open an arbitration must be accompanied by an advance payment of US $ 3000 on the administrative expenses. The cheque may be drawn on a company or law firm account and should be made payable to the International Chamber of Commerce, Paris.

 

The members of the ICC International Court of Arbitration are elected for a period of office of three years.

 

ICC International Court of Arbitration

 

President: Mr. ALEXIS MOURRE

India representatives


Mr. Lalit Bhasin, Member

Mr. Kunal Vajani, Alternate Member