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Copyright © International Chamber of Commerce (ICC). All rights reserved. ( Source of the document: ICC Digital Library )
It is a pleasure and an honour to welcome you, reader, to this first issue of the renewed ICC Dispute Resolution Bulletin. We hope that you will find it helpful and stimulating. You will note, when going through its content, that institutional arbitration is evolving around the globe, national laws are increasing in sophistication, and state court procedures are becoming more complex. In short, international arbitration and the environment in which it operates are a hive of activity, of which we try to capture some key aspects in this issue. Let us take a more detailed look at the content and the innovations of this newly structured Bulletin.
The opening section of the issue, Global Developments, which is a new creation, will make you travel worldwide. Here, we propose a tapestry of recent developments around the world, analysed by local specialists – be it Angola’s ratification of the New York Convention, news from institutions and courts in Brazil, England, Russia and Lithuania, or legislative changes in New Zealand, Hong Kong and Singapore. In this section, you will also learn the latest about a recent key decision of the 2nd Circuit in the United States.
The United States is also the focus of the first item in the second section, entitled Commentary. It is an in-depth analysis of how US courts deal with the enforcement of international arbitral awards and what challenges parties can expect to face, either as a creditor or a debtor. Authors Patricio Grané Labat, Csaba Rusznak, and Sally Pei describe the applicable rules and intricate proceedings, but also delve into the issues surrounding the attachment of assets of foreign sovereigns. Also in this section, Andrea Carlevaris and Joel Dahlquist comment on ICC cases related to investment treaty arbitration, which is a particularly topical subject.
In the third section, Case Decisions, Francisco Blavi provides an overview of decisions on bifurcation in ICC cases. The author introduces eight procedural orders, stressing the importance arbitrators attach to efficiency when accepting or denying requests to bifurcate proceedings. The orders are included in the note in their original languages – Spanish, Portuguese and English – and they are all reasoned, adding to the pedagogic value of the commentary.
In the fourth section, which is dedicated to ICC Practices and Procedures, José Ricardo Feris provides you with a novelty: a step-by-step description of the internal practice of the Secretariat and the Court regarding the future implementation of the 2017 ICC Rules for Expedited Procedures. Giacomo Marchisio, for his part, takes an outsider’s look at this new tool, comparing it with other similar institutional solutions and casting a critical eye over certain provisions. Also in this section is an explanatory article on sealed offers by Christopher Seppälä, which will be a useful accompaniment to the ICC Note to Parties and Tribunals on the Conduct of Arbitration under the ICC Rules of Arbitration.
The ICC Activities section, the fifth of the Bulletin, shows just how active the institution has been. You will read news from the Secretariat, including the appointment of the new Secretary General, the new Deputy Secretary General and the opening of a new office, as well as from the ICC’s Institute of World Business Law. In addition, Cecilia Azar and Harout Samra provide an interesting summary and analysis of the results of publishing arbitrators’ names on the ICC website. As regards recent ICC products, you will read about the Commission on Arbitration and ADR’s updated IT report and the Arbitration Academy’s activity in Latin America.
In the sixth and final section, Book Reviews, you will find a review on the latest Dossier of the Institute of World Business Law, as well as a commentary on Rémy Gerbay’s book The Functions of Arbitral Institutions.
We hope that you will enjoy reading this new Bulletin as much as we have enjoyed helping to rejuvenate the Bulletin and putting together this inaugural issue in its new format. This short introduction would not be complete without a note of thanks to the contributors to this first issue, to the Bulletin’s manager Virginia Hamilton, and to all the members of our Board of Editors. All these individuals, plus members of the Secretariat and the President of the Court, have made our job an easy and enjoyable task. With their help, and the support of the institution, our wish is to offer the dispute resolution community an ever more useful and interesting tool.