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Copyright © International Chamber of Commerce (ICC). All rights reserved. ( Source of the document: ICC Digital Library )
The widespread acceptance of international commercial arbitration today is the result of a steady process of evolution over many years. Law-makers, judges, academics and practitioners have all helped to give international arbitration the status it now enjoys as the most effective way of resolving cross-border disputes. There has inevitably been much debate and even discord and resistance, for mindsets have been challenged. However, the result testifies to the truth of Mahatma Gandhi's belief that honest differences are often a healthy sign of progress.
The articles published in the following pages all reflect the progress that has been and continues to be made in the field of international dispute resolution. They include three contributions from members of the ICC International Court of Arbitration. Borham Atallah's article on Egyptian law and Shishir Dholakia's article on Indian law illustrate the interaction between legislatures and courts in finding solutions to the many questions raised by the use of arbitration in international commercial relations. Toshio Sawada's article on the flexible use of conciliation or mediation in arbitral proceedings points to the progress that may arise from practical experiences, especially when cultural diversity is involved.
As arbitration affirms its presence in different areas of law, the scope of arbitrators' tasks becomes increasingly wide. One of the areas where arbitrators are likely to have a greater part to play is European Community competition law, as a result of new rules concerning its implementation that are shortly to become applicable. We have therefore considered it opportune to publish extracts from a number of ICC arbitral awards relating to EC competition law, together with an article by Maurits Dolmans and Jacob Grierson analyzing the application of such law by arbitral tribunals and the likely impact of the new legislation.
Conscious of the need for progress within its own services, ICC has updated the rules governing its role as appointing authority in ad hoc proceedings, which may likewise be found in the following pages.
Anne Marie Whitesell
Secretary General
ICC International Court of Arbitration