This chapter contains reports on a number of significant developments that occurred in ICC's dispute resolution services during the second half of 2007.

Changes in Court membership

At the 194th session of the ICC World Council held in Paris on 30 November 2007, the following appointments were made to the ICC International Court of Arbitration.

Philip Yang was appointed member for Hong Kong.

Audley Sheppard was appointed member for New Zealand, replacing Jason Fry, now Secretary General of the Court (see below).

Gideon Fisher was appointed alternate member for Israel.

In accordance with the Statutes of the International Court of Arbitration, these new members will hold office for the remainder of the Court's current term, which runs until 31 December 2008.

These new appointments take the total number of Court members to 126, from 88 countries and territories. The three new members bring to the Court a combination of practical and academic experience gained from distinguished careers in international trade law and dispute resolution.

Secretariat appointments

In November 2007, Jason Fry took up his appointment as the new Secretary General of the International 3Court of Arbitration, replacing Anne Marie Whitesell. He was subsequently joined by Simon Greenberg, as Deputy Secretary General, following the departure of Jennifer Kirby. Two new appointments have also been made amongst the Counsel of the Secretariat: Victoria Orlowski has replaced Erica Stein as Counsel in charge of the team that principally handles cases involving the United States, the United Kingdom and other nations with common law legal systems, while José Ricardo Feris has taken over from Cristián Conejero Roos at the head of the team that deals with cases relating to Latin America and the Iberian region.

Jason Fry takes up the reins at the Secretariat after seven years as the Court's member for New Zealand. It was in New Zealand that he began his legal career, graduating from the University of Canterbury with an LLB, after which he obtained the postgraduate degree of Bachelor of Civil Law from the University of Oxford in England. Mr Fry is a Solicitor of the Supreme Court of England and Wales and a Barrister and Solicitor of the High Court of New Zealand. He is also a Fellow of the Chartered Institute of Arbitrators. Prior to his appointment as Secretary General of the ICC Court, Mr Fry was a partner with an international law firm, where he specialized in international arbitration. He has appeared as counsel, advocate and arbitrator in numerous international arbitration proceedings and has participated in international deliberations on current issues in arbitration, including the UNCITRAL Working Group on arbitration law (interim measures) and the IBA task force on conflicts of interest in international arbitration. Mr Fry is also the author of several articles on international dispute resolution. He speaks English and French.

Simon Greenberg began his legal training in his native Australia, where he graduated from Deakin University, Melbourne. He also holds a postgraduate diploma in private international law from Paris II University (Assas-Panthéon). Mr Greenberg is a Barrister and Solicitor of the High Court of Australia and the Supreme Court of Victoria, a Solicitor of the Supreme Court of England and Wales and is a member of the Paris Bar. He has practised in both Australia and France, including a period as Assistant Counsel in one of the case management teams at the Secretariat of the ICC Court. Most recently, he was senior associate in the Paris office of an international law firm, where he worked chiefly on ICC arbitration cases. Mr Greenberg is a former Deputy Secretary General of the Australian Centre for International Commercial Arbitration and helped establish the Asia-Pacific Regional Arbitration Group. He has published a number of articles on international arbitration and currently lectures on international commercial contracts at the Institute of Political Science (Sciences Po) in Paris. He speaks English and French.

Victoria R. Orlowski is a United States citizen. She is a graduate of Emory University, where she studied English literature and Japanese language and culture. She obtained her law degree from Cornell Law School, where she specialized in international legal studies and was Managing Editor of the Cornell International Law Journal. Ms Orlowski is admitted to the New York State Bar. Before joining ICC, she was an associate in the litigation department of a large international law firm in New York City. Ms Orlowski speaks English, French and Japanese.

José Ricardo Feris has been promoted to Counsel after three years as Assistant Counsel in the Secretariat's Latin American and Iberian team. He also acts as Secretary to the ICC Latin American Arbitration Group. A Dominican citizen, Mr Feris began his legal studies in his native country, where he graduated from the Pontificia Universidad Católica Madre y Maestra and is admitted as a practising attorney. He also holds an LLM in international legal studies from New York University in the USA. Prior to joining ICC, Mr Feris worked as a law clerk at the International Court of Justice in The Hague, Netherlands. He has also worked in the office of the legal adviser to the President of the Dominican Republic where, among other duties, he represented the country in negotiations around the Free Trade Area of the Americas. Mr Feris speaks Spanish, English, Portuguese and French.

DRL: new online library for dispute resolution practitioners and researchers

Work has begun on making the ICC International Court of Arbitration Bulletin available online as part of a new service called the ICC Dispute Resolution Library.

Known as DRL for short, the new service will offer instant access to a range of ICC dispute resolution titles, including the Bulletin, its annual Special Supplements, the Dossiers of the ICC Institute of World Business Law, the Liber Amicorum in honour of Robert Briner, and the complete set of ICC dispute resolution rules.

Users will have access not only to current publications but also to an archive of back issues. Thus, they will be able to consult all complete issues of the Bulletin from fall 1997 to date and all complete Special Supplements from 1999 to date, plus the 1997 Special Supplement on the 1998 Rules of Arbitration. The database will also include selected documents from earlier issues. These include all extracts from ICC awards, reports of the ICC Commission on Arbitration and Secretariat notes published since the creation of the Bulletin in 1990.

In addition to offering each publication in full, the DRL will also categorize material in order to facilitate consultation for users looking for specific kinds of documents. For instance, it will be possible to call up a list of awards, articles, Commission reports, statistical reports, or Secretariat notes, from which any listed item can be immediately accessed.

One of the great advantages of the DRL will be its search and research functions. Users will be able to search any text in a particular category of documents or in a specific title or across all publications. If desired, the search can be applied to selected categories of document, types of data and periods of time. There is also a useful feature enabling users to create folders of bookmarked articles or publications and to make accompanying notes.

A wide range of navigation tools have been designed to facilitate document consultation. These include the listing of related documents likely to be of interest to users consulting a particular document, clickable tables of contents containing links to the relevant parts of a document, and hyperlinked footnotes. These features enhance the design of the website, which aims to combine clarity and functionality.

The Dispute Resolution Library has been developed for the International Court of Arbitration by Coastline Solutions, an Irish company based in Dublin. The DRL will be online in June and is expected to be running with full content in the fall. Anyone wishing to be kept informed of developments is invited to register at www.iccdrl.com

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 1 July 2003, have been revised.

As from 1 January 2008, a new structure of rates applies. The method of determining costs in ICC arbitrations remains unchanged, with the Court continuing to fix arbitrators' fees and administrative expenses on the basis of the amounts in dispute.

As far as administrative expenses are concerned, the percentages applying to sums between US$ 50,001 and US$ 50,000,000 have been increased, while the minimum payment has been held unchanged at US$ 2,500, and the percentage applying to sums between US$ 50,000,001 and US$ 80,000,000 reduced to 0.01%. The ceiling for administrative expenses has been maintained at US$ 88,800.

As far as arbitrators' fees are concerned, the percentages applicable to sums between US$ 50,001 and US$ 80,000,000 have been increased, while those applicable above and below that range remain unchanged. 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 costs of ICC arbitration are regulated by Articles 30 and 31 of the ICC Rules of Arbitration and Appendix III to those Rules. The revised text of Article 4 of Appendix III, with the accompanying scales, is reproduced below.

An estimation of the advance on costs that might be fixed by the Court can be obtained using the cost calculator available at www.iccarbitration.org

APPENDIX III

ARBITRATION COSTS AND FEES

Article 1: Advance on Costs

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.

Article 2: Costs and Fees

1

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.

2

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.

3

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.

4

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.

5

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.

6

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.

7

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.

8

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.

9

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.

Article 3: ICC as Appointing Authority

Any request received for an authority of the ICC to act as appointing authority will be treated in accordance with the Rules of ICC as Appointing Authority in UNCITRAL or Other Ad Hoc Arbitration Proceedings and shall be accompanied by a non-refundable sum of US$ 2,500. No request shall be processed unless accompanied by the said sum. For additional services, ICC may at its discretion fix administrative expenses, which shall be commensurate with the services provided and shall not exceed the maximum sum of US$ 10,000.

Article 4: Scales of Administrative Expenses and Arbitrator's Fees

1

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.

2

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.