Procedural Order in Case 15634

Procedural Order in Case 19105

Procedural Order in Case 19581

Any new claims that parties may seek to introduce into ICC arbitration proceedings after the terms of reference have been established require the arbitral tribunal’s authorization. When considering their admissibility, the arbitral tribunal ‘shall consider the nature of such new claims, the stage of the arbitration and other relevant circumstances’ (ICC Arbitration Rules, Article 23(4)). The reported decisions show that in such situations arbitral tribunals pay particular attention to efficiency, fairness, the relatedness of the claim to existing claims, as well as timing and the risk of disruption. Their findings – sometimes for and sometimes against the admissibility of the claims – show that the outcome of an attempt to introduce new claims is highly dependent on the circumstances.

Readers are reminded that a procedural order is a decision made by a particular arbitral tribunal in the exercise of its duties under the ICC Arbitration Rules in light of the circumstances of the case. Unlike awards, procedural orders are not subject to scrutiny by the ICC International Court of Arbitration.

For the purpose of publication, the procedural decisions reproduced here have been redacted so as to remove names of parties and other details not indispensable for their intelligibility. The decisions are reproduced in their original language. The footnotes form part of the original texts, unless otherwise stated, but have been renumbered in a continuous sequence.