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Copyright © International Chamber of Commerce (ICC). All rights reserved. ( Source of the document: ICC Digital Library )
Composition of the ICC International Court of Arbitration
On 1 January 2003, the members of the ICC International Court of Arbitration appointed by the ICC World Council at its 184th session held in Paris on 19 November 2002 commenced their three-year term of office, which will expire on 31 December 2005. The appointment of the Court's members is made pursuant to Article 3 of its statutes, which form Appendix I to the ICC Rules of Arbitration.1 The ICC Court currently comprises a total of 114 members from 77 different countries including, for the first time, Costa Rica, Cuba, Lithuania, Mongolia and Romania. The Court continues to be chaired by Dr Robert Briner, who was re-elected by the ICC World Council also at its 184th session.
Robert Briner (Switzerland)
Francis P. Donovan (Australia)
Fali S. Nariman (India)
Carlos Henrique de C. Fróes (Brazil)
Piero Bernardini (Italy)
Ahmed S. El-Kosheri (Egypt)
Toshio Sawada (Japan)
Michel Aurillac (France)
Michael J. Mustill (United Kingdom)
Carl F. Salans (United States)
Algeria
Mohamed Chemloul
Alternate: Mehdi Haroun
Argentina
Sergio Le Pera
Alternate: Ernesto O'Farrell
Australia
Karyl Nairn
Alternate: Michael Polkinghorne
Austria
Günther Frosch
Alternate: Christoph-Herwig Liebscher
Bahrain
Husain Mohamed Al-Baharna
Alternate: Haya Rashed Al-Khalifa
Bangladesh
Rokanuddin Mahmud
Belgium
Pierre Gabriel
Brazil
Arnoldo Wald
Alternate: Carlos M. Mafra de Laet
Burkina Faso
Assane Souleymane Ouedraogo
Canada
Robert Knutson
China
Jingzhou Tao
Colombia
Fernando Mantilla-Serrano
Costa Rica
Luis A. Guillén Downing
Cuba
Olga Maria Miranda Bravo
Cyprus
Antis A. Triantafyllides
Czech Republic
Jana Doskova
Denmark
P. R. Meurs-Gerken
Egypt
Yehia El Gamal
Alternate: Borham Atallah
Finland
Robert Mattson
France
Philippe Boivin
Alternate: Emmanuel Vuillard
Germany
Michael Bühler
Alternate: Fabian von Schlabrendorff
Ghana
Kofi Kumado
Alternate: Akua Kunyehia
Greece
George Verveniotis
Hungary
Iván Szász
Iceland
Baldvin Björn Haraldsson
India
Dharmasinh M. Popat
Alternate: S.K. Dholakia
Indonesia
Todung Mulya Lubis
Iran
Mohsen Mohebi
Alternate: Mohammad H. Tamaddon
Ireland
Michael W. Carrigan
Alternate: James Connolly
Israel
Michel A. Calvo
Alternate: Mayer Gabay
Italy
Gabriele Crespi Reghizzi
Alternate: Loretta Malintoppi
Japan
Japa
Hiroshi Oda
Jordan
Rajai K.W. Dajani
Korea
Jay Ki Lee
Kuwait
Youssef Mohamad Al-Ali
Lebanon
Ghaleb S. Mahmassani
Alternate: Roger Georges Assi
Lithuania
Laimonas Skibarka
Luxembourg
Pierre Seimetz
Madagascar
Raymond Ranjeva
Mexico
Fernando Estavillo Castro
Monaco
Franck Michel
Mongolia
Dashdorj Altantsetseg
Morocco
Driss Bouziane
Alternate: Abdelfattah Bensouda
Nepal
Gandhi Pandit
Netherlands
Sierk Bruna
New Zealand
Jason A. Fry
Alternate: Sally Fitzgerald
Nigeria
H. Odein Ajumogobia
Alternate: Gabriel Adesiyan Olawoyin
Norway
Gunnar Nerdrum
Pakistan
Syed Sharifuddin Pirzada
Alternate: Mahomed J. Jaffer
Peru
José Barreda Zegarra
Philippines
Florentino P. Feliciano
Poland
Piotr Nowaczyk
Portugal
Manuel Cavaleiro Brandao
Qatar
Remy Rowhani
Romania
Adrian Severin
Russian Federation
Nina Grigorievna Vilkova
Alternate: Konstantin L. Razumov
Senegal
Babacar Diouf
Alternate: Rasseck Bourgi
Serbia & Montenegro
Gašo Kneevic
Singapore
Michael Hwang
Slovakia
Pavol Erben
Slovenia
Franc Testen
South Africa
Mervyn Eldred King
Spain
Mercedes Tarrazón Rodón
Sri Lanka
Casipillai Chakradaran
Alternate: Christopher Pinto
Sweden
Claes Lundblad
Switzerland
Pierre A. Karrer
Syria
Samer Nofal
Alternate: Nabil N. Antaki
Tanzania
Colman Mark Ngalo
Thailand
Chaiyasuta Siriporn
Alternate: Krairit Dej-Udom
Togo
Wle-Mbanewar Bataka
Tunisia
Samir El Annabi
Turkey
Tugrul Ansay
Ukraine
Vasyl Marmazov
United Kingdom
Alan Redfern
Alternate: David Sellers
United States of America
Axel H. Baum
Alternate: Robert H. Smit
Uruguay
Paul Fabien Arrighi Bustamante
Venezuela
James Otis Rodner
Secretariat staff
ICC dispute resolution services employ over 50 members of staff, of 22 different nationalities, who speak a total of 18 languages. The teams deal with the day-to-day management of arbitration cases, while other staff provide essential ancillary services.
Anne Marie Whitesell
Eduardo Silva Romero
Emmanuel Jolivet
Counsel: Eliseo Castineira
Counsel:
Assistant Counsel: Sonia Doubin, Lara Hammoud
Assistant Counsel:
Secretaries: Julia Money, Anneliese Tinsley
Secretaries:
Counsel: Detlev Kühner
Assistant Counsel: Sami Houerbi, Barbara Steindl
Secretaries: Katja Heyder, Diana Schnitter
Counsel: Jennifer Kirby
Assistant Counsel: Louise Reilly, Erica Stein
Assistant: Nancy Senmartin
Assistant:
Secretary: Daniela Gerbe
Secretary:
Counsel: Francesca Mazza
Assistant Counsel: Philippe Cavalieros
Legal Assistant: Françoise Barrière
Assistant: Valérie Daunas
Secretary: Carol Young
Counsel: Katherine González Arrocha
Assistant Counsel: Maria Beatriz Burghetto, Marina Mendes Costa
Secretaries: Séverine Büeler, Agnès Lereah
Counsel: Toshiki Enomoto
Assistant Counsel: Pui-Ki Ta
Secretaries: Avril Eager, Zoé Scholar
Counsel: Matthew Secomb
Assistant Counsel: Marily Paralika, Nathalie Potin
Assistant: Michèle Clergeaud
Secretary: Chloé Carleton
Judith Alves
Marcia Dupriez
Jessica Féron
Christine Maingourd
Ingrid Materner
Marie-Christine Mosdier
Elisabeth Passedat
Sylvie Picard Renaut
Belén Cañibano Maroto
Esther van Rossen
Mirèze Philippe 2
Chantal Péron
Mary Buvat
Céline Germond
Dyalá Jiménez Figueres
Bozena Nawrot
Sandra De Sa
Virginia Hamilton
Claire Héraud
Secretariat appointment
Francesca Mazza has been appointed Counsel replacing Andrea Carlevaris, who has left the Secretariat to join a leading law firm in his native Italy.
Francesca Mazza holds Italian nationality and grew up in Germany. She studied law at the universities of Milan and Heidelberg. In Heidelberg she won the Serick Award for her doctoral thesis on the notion of causa in contract law and the law of restitution. Ms Mazza has been admitted as a practising lawyer in Germany, where she worked at the Court of Appeal of Cologne and for a law firm specializing in construction law and insolvency. Ms Mazza speaks Italian, German English and French.
Revision of ICC arbitration cost scales
The Scales of Administrative Expenses and Arbitrator's Fees set forth in Appendix III to the ICC Rules of Arbitration, which have been in force since the introduction of the Rules in January 1998, have been revised.
The limited changes that have been made only concern the rates applicable to amounts in dispute in excess of one million US dollars. As regards administrative expenses, the percentages applicable to such amounts have been slightly increased and a new ceiling has been set at US$ 88,800 for amounts in dispute over US$ 80 million. As far as the arbitrator's fees are concerned, no changes have been made to the minimum rates, while slight increases have been made to the percentages used to determine the maximum fee, likewise only in cases involving amounts over one million US dollars.
The method of determining costs in ICC arbitrations remains unchanged. The Court will continue to fix arbitrators' fees and administrative expenses on the basis of the amount in dispute, using the new scales. When deciding on the appropriate fee for an arbitrator within the limits specified in the scales, the Court will take into consideration the diligence of the arbitrator, the time spent, the rapidity of the proceedings and the complexity of the dispute.
The new scales, effective as of 1 July 2003, will apply to all cases in which the Request for Arbitration is received by the Secretariat on or after that date. Requests for Arbitration received prior to 1 July 2003 will be unaffected by the change. The revised text of Article 4 of Appendix III to the ICC Rules of Arbitration, with the accompanying scales, is reproduced below.
Appendix III to the ICC Rules of Arbitration
1
Each request to commence an arbitration pursuant to the Rules must be accompanied by an advance payment of US$ 2,500 on the administrative expenses. Such payment is non-refundable, and shall be credited to the Claimant's portion of the advance on costs.
2
The provisional advance fixed by the Secretary General according to Article 30(1) of the Rules shall normally not exceed the amount obtained by adding together the administrative expenses, the minimum of the fees (as set out in the scale hereinafter) based upon the amount of the claim and the expected reimbursable expenses of the Arbitral Tribunal incurred with respect to the drafting of the Terms of Reference. If such amount is not quantified, the provisional advance shall be fixed at the discretion of the Secretary General. Payment by the Claimant shall be credited to its share of the advance on costs fixed by the Court.
3
In general, after the Terms of Reference have been signed or approved by the Court and the provisional timetable has been established, the Arbitral Tribunal shall, in accordance with Article 30(4) of the Rules, proceed only with respect to those claims or counterclaims in regard to which the whole of the advance on costs has been paid.
4
The advance on costs fixed by the Court according to Article 30(2) of the Rules comprises the fees of the arbitrator or arbitrators (hereinafter referred to as "arbitrator"), any arbitration-related expenses of the arbitrator and the administrative expenses.
5
Each party shall pay in cash its share of the total advance on costs. However, if its share exceeds an amount fixed from time to time by the Court, a party may post a bank guarantee for this additional amount.
6
A party that has already paid in full its share of the advance on costs fixed by the Court may, in accordance with Article 30(3) of the Rules, pay the unpaid portion of the advance owed by the defaulting party by posting a bank guarantee.
7
When the Court has fixed separate advances on costs pursuant to Article 30(2) of the Rules, the Secretariat shall invite each party to pay the amount of the advance corresponding to its respective claim(s).
8
When, as a result of the fixing of separate advances on costs, the separate advance fixed for the claim of either party exceeds one half of such global advance as was previously fixed (in respect of the same claims and counterclaims that are the subject of separate advances), a bank guarantee may be posted to cover any such excess amount. In the event that the amount of the separate advance is subsequently increased, at least one half of the increase shall be paid in cash.
9
The Secretariat shall establish the terms governing all bank guarantees which the parties may post pursuant to the above provisions.
10
As provided in Article 30(2) of the Rules, the advance on costs may be subject to readjustment at any time during the arbitration, in particular to take into account fluctuations in the amount in dispute, changes in the amount of the estimated expenses of the arbitrator, or the evolving difficulty or complexity of arbitration proceedings.
11
Before any expertise ordered by the Arbitral Tribunal can be commenced, the parties, or one of them, shall pay an advance on costs fixed by the Arbitral Tribunal sufficient to cover the expected fees and expenses of the expert as determined by the Arbitral Tribunal. The Arbitral Tribunal shall be responsible for ensuring the payment by the parties of such fees and expenses.
Subject to Article 31(2) of the Rules, the Court shall fix the fees of the arbitrator in accordance with the scale hereinafter set out or, where the sum in dispute is not stated, at its discretion.
In setting the arbitrator's fees, the Court shall take into consideration the diligence of the arbitrator, the time spent, the rapidity of the proceedings, and the complexity of the dispute, so as to arrive at a figure within the limits specified or, in exceptional circumstances (Article 31(2) of the Rules), at a figure higher or lower than those limits.
When a case is submitted to more than one arbitrator, the Court, at its discretion, shall have the right to increase the total fees up to a maximum which shall normally not exceed three times the fees of one arbitrator.
The arbitrator's fees and expenses shall be fixed exclusively by the Court as required by the Rules. Separate fee arrangements between the parties and the arbitrator are contrary to the Rules.
The Court shall fix the administrative expenses of each arbitration in accordance with the scale hereinafter set out or, where the sum in dispute is not stated, at its discretion. In exceptional circumstances, the Court may fix the administrative expenses at a lower or higher figure than that which would result from the application of such scale, provided that such expenses shall normally not exceed the maximum amount of the scale. Further, the Court may require the payment of administrative expenses in addition to those provided in the scale of administrative expenses as a condition to holding an arbitration in abeyance at the request of the parties or of one of them with the acquiescence of the other.
If an arbitration terminates before the rendering of a final Award, the Court shall fix the costs of the arbitration at its discretion, taking into account the stage attained by the arbitral proceedings and any other relevant circumstances.
In the case of an application under Article 29(2) of the Rules, the Court may fix an advance to cover additional fees and expenses of the Arbitral Tribunal and may make the transmission of such application to the Arbitral Tribunal subject to the prior cash payment in full to the ICC of such advance. The Court shall fix at its discretion any possible fees of the arbitrator when approving the decision of the Arbitral Tribunal.
When an arbitration is preceded by an attempt at amicable resolution pursuant to the ICC ADR Rules, one half of the administrative expenses paid for such ADR proceedings shall be credited to the administrative expenses of the arbitration.
Amounts paid to the arbitrator do not include any possible value added taxes (VAT) or other taxes or charges and imposts applicable to the arbitrator's fees. Parties have a duty to pay any such taxes or charges; however, the recovery of any such charges or taxes is a matter solely between the arbitrator and the parties.
A registration fee normally not exceeding US$ 2,500 is payable by the requesting party in respect of each request made to the ICC to appoint an arbitrator for any arbitration not conducted under the Rules. No request for appointment of an arbitrator will be considered unless accompanied by the said fee, which is not recoverable and becomes the property of the ICC.
The said fee shall cover any additional services rendered by the ICC regarding the appointment, such as decisions on a challenge of an arbitrator and the appointment of a substitute arbitrator.
The Scales of Administrative Expenses and Arbitrator's Fees set forth below shall be effective as of 1 January 2008 in respect of all arbitrations commenced on or after such date, irrespective of the version of the Rules applying to such arbitrations.
To calculate the administrative expenses and the arbitrator's fees, the amounts calculated for each successive slice of the sum in dispute must be added together, except that where the sum in dispute is over US$ 80 million, a flat amount of US$ 88,800 shall constitute the entirety of the administrative expenses.
1 'Article 3 Appointment1. The Chairman is elected by the ICC World Council upon the recommendation of the Executive Board of the ICC.2. The ICC World Council appoints the Vice-Chairmen of the Court from among the members of the Court or otherwise.3. Its members are appointed by the ICC World Council on the proposal of National Committees, one member for each Committee.4. On the proposal of the Chairman of the Court, the World Council may appoint alternate members.5. The term of office of all members is three years. If a member is no longer in a position to exercise his functions, his successor is appointed by the World Council for the remainder of the term.'
2 Also responsible for relations between the Secretariat of the ICC Court and the ICC Institute of World Business Law.