ICC ARBITRATION
LexInter | September 19, 2018 | 0 Comments

ICC ARBITRATION

The arbitral jurisprudence of the International Chamber of Commerce (ICC)

Chronicles: Gazette du Palais

Gazette du Palais, NUMBER 9, 01/09/2000

RESPONSIBILITY ARBITRATION INSTITUTIONS

Institution International Court of Arbitration at the International Chamber of Commerce (ICC)
Clause “All disputes arising from or in connection with this contract will be settled definitively in accordance with the Arbitration Rules of the International Chamber of Commerce by one or more arbitrators appointed in accordance with these Rules”.
 

Language

The two official languages ​​at the ICC are French and English. The mission deeds and the draft sentences are presented to the members of the Court, both in the original language of these documents and with a translation into English or French.

In practice, people who receive requests for arbitration also accept requests in Italian, Spanish and German. The Secretariat, when it receives a request in a different language, invites the requester to present it in a language understandable to the Secretariat. In the absence of an express agreement from the parties, the arbitrators generally take into account the nationality of the parties, the language in which they feel most comfortable and the language of the contract. The procedures are rarely managed simultaneously in two languages.

Procedure Any party wishing to have recourse to arbitration under the Rules must address its request for arbitration to the Secretariat, which notifies the parties of the receipt of the request and the date thereof. The respondent has 30 days to respond, however, the Secretariat may grant an extension.

When the parties agree to have recourse to arbitration according to the Rules, they submit to that in force on the date of initiation of the arbitration procedure, unless they have agreed to submit to the Rules in force on the date of their arbitration agreement.

The arbitrator must sign a declaration of independence before being appointed or confirmed. The Court rules without recourse on the appointment, confirmation, challenge or replacement of an arbitrator.

Disputes are settled by a single arbitrator or by three arbitrators. If the parties have not fixed the number of such arbitrators by mutual agreement, the Court shall appoint a sole arbitrator unless the dispute appears to it to justify the appointment of three arbitrators.

The arbitral procedure is governed by the ICC Rules and, in their silence, by the rules that the parties or, failing that the arbitral tribunal, determine, with or without reference to a national procedural law applicable to arbitration.

The parties are free to choose the rules of law that the arbitral tribunal must apply to the substance of the dispute. In the absence of a choice by the parties, the arbitrator applies the rules of law that he considers appropriate.

Article 18 determines the content of the act of mission. The court specifies its mission and the deed is signed by the parties. When it is established, the court sets the timetable for the proceedings.

The arbitral tribunal may request the parties to produce additional evidence at any time during the proceedings. He may also, at the request of one of the parties, order any conservatory or provisional measure that he considers appropriate. The tribunal renders its award within six months, but it may ask the Court to extend this period.

Duration
The speed of arbitration is essential for the parties who resort to it. The Court stands ready to assist the parties in the holding of expedited arbitrations. In any event, the provisions of the Regulation encourage disputes to be resolved as quickly as possible. The average duration is two and a half years.
Costs Since $ 1 » 1 Euro, the administrative fee for a dispute of up to 50,000 Euros is 2,500 Euros. If the amount of the dispute is between 50,001 Euros and 100,000 Euros, the administrative costs are 2,500 Euros plus 3.50% of the amount above 50,000 Euros. Arbitrator fees for a dispute up to 50,000 Euros are between 2,500 Euros and 17% of the amount of the dispute. For a dispute of an amount between 50,001 and 100,000 Euros the fees are between 2,500 Euros plus 2% of the amount greater than 50,000 Euros and 8,500 Euros plus 11% of the amount greater than 50,000 Euros.
Country France
Institution The French Arbitration Association (AFA) [1] was created in 1975 to promote the choice of arbitration for the resolution of disputes.

The AFA has its own Rules and an appendix, which are applicable to requests for arbitration lodged as of July 1, 1999.

People who can access it /

 

Recommended clause

In order for the parties to be able to use the AFA, it is recommended to insert the following clause in their commercial or international contracts:

“Any disputes or disputes which may arise as a result of or on the occasion of this contract will be resolved by arbitration, in accordance with the Rules of the French Arbitration Association to which the parties declare to adhere.”

Language There is no compulsory language in the course of the procedure.
Procedure The AFA is seized of a request for arbitration which includes the contact details of the parties, their agreement indicating the modalities of the arbitration as well as the request of the applicant as regards the number of arbitrators. The defendant must respond to the request within one month.

From that moment, the Arbitration Committee decides, unless the parties agree on this point, the number of arbitrators to whom the dispute will be submitted. He appoints the sole arbitrator; if the Arbitral Tribunal is composed of three arbitrators, the Committee appoints the third. However, the arbitrators may be challenged by the parties within the time limit provided for in article 8 of the Rules.

The Arbitral Tribunal is exempted from observing in the proceedings the time limits and formal rules established for the courts, with the exception of the formal rules specific to arbitration. In addition, he can make all sentences before saying right, order all investigative measures and set the conditions and deadlines.

Parties may request emergency measures by application procedure established under Article 13 of the Rules.

Awards are rendered within six months, but at the request of the Tribunal, the Committee may extend up to three times that period. As soon as the award is rendered, the Tribunal may complete it and the parties may request an interpretation of it within the following six months.

Duration There are no official statistics. In practice, a procedure can last between six months and two years depending on the complexity of the case or the intervention of an expert.

Nevertheless, the procedural deadlines may be extended at the request of the parties.

Costs The arbitration costs include the arbitrators’ fees, as well as the administrative costs of the AFA. They are fixed by the Arbitration Committee, seized of the draft award, and calculated on the basis of the amount in dispute. However, the Board of Directors may modify the provisions concerning administration costs.

For an amount in dispute up to 300,000 Francs (45,734.70 Euros), the basic administrative costs are 7,500 F (1,143.36 Euros) and the basic fees of an arbitrator vary between 10,000 F (1,524.49 Euros) ) and 15% of the amount in dispute (when the Tribunal is composed of three arbitrators, these figures are to be multiplied by 3, unless otherwise specified by the arbitrators).

For an amount between 300,001 F (45,734.85 Euros) and 1,500,000 F (228,673.52 Euros), the basic administrative costs must be increased by 1.6% of the amount greater than 300,001 F (45,734.85 Euros) and the base fees of an arbitrator of 0.9% and 3.8% of the amount exceeding 300,001 F.

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