Arbitration and ADR Rules ICC № 850Е

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Arbitration and ADR Rules ICC № 850Е

This booklet contains two discrete but complementary dispute resolution procedures offered by the International Chamber of Commerce (ICC). Arbitration under the ICC Rules of Arbitration is a formal procedure leading to a binding decision from a neutral arbitral tribunal, susceptible to enforcement pursuant to both domestic arbitration laws and international treaties such as the New York Convention. ADR (amicable dispute resolution) under the ICC ADR Rules aims to facilitate a negotiated settlement with the assistance of an independent neutral. The default procedure under the ADR Rules is mediation, but the provisions also encompass conciliation, neutral evaluation and a variety of combinations of these and other techniques.

Both sets of Rules provide for administered procedures, which require parties to fle an application with the International Court of Arbitration («the Court») (for arbitration) or the International Centre for ADR («the Centre») (for ADR) as appropriate. The Court and the Centre respectively are the only bodies empowered to administer these Rules, thereby affording parties the beneft of the experience, expertise and professionalism of a leading international dispute resolution provider.

Parties wishing to have recourse to ICC dispute resolution are encouraged to include an appropriate dispute resolution clause in their agreements. For this purpose, standard clauses are proposed, which parties may adapt to their particular needs and circumstances. Examples of recommended clauses can be found at the end of this booklet.

These Rules respond to today's business needs. The 2012 Rules of Arbitration remain faithful to the ethos, and retain the essential features, of ICC arbitration, while adding new provisions to address such matters as disputes involving multiple contracts and parties; updated case management procedures; the appointment of an emergency arbitrator to order urgent measures; and changes to facilitate the handling of disputes arising under investment treaties and free trade agreements.

Both sets of Rules defne a structured, institutional framework intended to ensure transparency, effciency and fairness in the dispute resolution process while allowing parties to exercise their choice over many aspects of procedure. They are published together in this booklet in answer to the growing demand for a holistic approach to dispute resolution techniques.