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Copyright © International Chamber of Commerce (ICC). All rights reserved. ( Source of the document: ICC Digital Library )
We start this third issue of 2018 with an announcement about a new section we are introducing in the ICC Bulletin entitled ‘ICC Commission Reports’, which will include new ICC Commission Reports and related documents. The inaugural ICC Commission Reports section includes a presentation of the Supplemental Materials on Financial Institutions and International Arbitration, and the new ICC Arbitration Clause for Trust Disputes, with its Accompanying Explanatory Note setting out a mechanism for the arbitration of trust disputes. The Reports will also be available free of charge online as an ‘off-print’ of the Bulletin, with appropriate bookmarks to facilitate navigation through the documents, while accompanying commentaries will exclusively be published in the ICC Bulletin. We hope our readers find these materials helpful.
This issue of the Bulletin includes commentaries on various key legal developments emanating from eight jurisdictions, including two decisions from the UK, one from the US, Italy and Switzerland and recent arbitration reforms in Canada (British Columbia), Uruguay, Hungary and the UAE.
Our Commentary section analyses the increased use of dispute boards to resolve disputes in sectors other than construction, and provides guidance on how to render dispute board processes more effective and likely to succeed. The Commentary Section also includes a study on the recent Convention on International Settlement Agreements Resulting from Mediation. This Convention, known as the ‘Singapore Convention’, was approved by consensus of UNCITRAL’s member States on 25th June 2018, and promises to provide parties with a clear, uniform framework for the enforcement and recognition of mediated settlement agreements, just as the New York Convention drove the increased use of arbitration.
The ‘Case Decisions’ section features an exclusive overview of ICC awards settling disputes under the Orgalime Conditions, which provide a series of model conditions aiming at achieving some standardisation in the field of contracts for delivery of machinery and similar industrial products, and are therefore critical in the engineering sector.
Our ICC Practice & Procedure section features an overview of the steps taken by the ICC International Court of Arbitration to achieve gender parity on the Court, an example that will hopefully lead other organizations to follow suit.
This section is followed by the ICC Activities section, which covers multiple recent events, such as an ICC YAF event in London covering the effects of the Achmea decision, and ICC regional conferences in Europe, Asia, Africa and the Middle East. The section also reports on the ICC Institute’s Training on Oral Advocacy in Hong Kong.
Finally, our last section on Book Reviews includes a review of a book titled ‘To Arbitrate or Not to Arbitrate: Addressing the Disparity in Mutuality of Access to Investor State Dispute Mechanisms’, authored by Jose Daniel Amado, Jackson Shaw Kern, and Martin Doe Rodriguez. The book addresses the important question of whether host States and their nationals should have greater access to international arbitration vis-à-vis foreign investors.
We thank our Editorial Board members, all of our contributors, Stephanie Torkomyan, Publications Manager at ICC Dispute Resolution Services, and Claire Héraud, Senior Assistant, for the time they devoted to this issue, and for the resulting quality and richness of its contents.