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
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
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.
1) Parties to the Arbitration