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Copyright © International Chamber of Commerce (ICC). All rights reserved. ( Source of the document: ICC Digital Library )
As a method for resolving disputes, arbitration is largely concerned with procedural matters. Much of the material published in the ICC International Court of Arbitration Bulletin therefore relates to the conduct of arbitration proceedings and, of course in particular, the implementation of the legal framework established by ICC for this purpose - its Rules of Arbitration. However, in reaching the solutions they do, arbitrators are concerned not only with technique but also with substantive issues not confined to arbitration. This calls for a broader approach, which takes account of existing law in all its forms, written and unwritten, national and international. Hence, one of the Bulletin's complementary roles is to offer reflection and comment on international business law in general.
This dual mission is reflected in the present issue. Extensive extracts from ICC awards relating to international commercial agency, accompanied by a commentary by Fabio Bortolotti, show some of the solutions that have been found by ICC arbitrators in recent cases. It is hoped the tendencies evidenced here and in the article by Corinne Truong on the applicable law in international distribution contracts will contribute to the development of international business law. The Bulletin's procedural perspective is represented in this issue by a relook at discovery through the eyes of Brian King and Lise Bosman and renewed discussion of confidentiality by Hans Bagner.
Finally, as is traditional in the first of each year's issues of the Bulletin, we publish the Court's Statistical Report relating to the preceding year. ICC arbitration has continued to grow in all its aspects. Most notably, the number of new cases registered during the year reached an unprecedented total of 541. Never before have so many parties from so many different countries been involved in ICC arbitrations, confirming once again the Court's leading position and worldwide appeal as an arbitration institution.
Horacio A. Grigera Naón
Secretary General
ICC International Court of Arbitration