Forgot your password?
Please enter your email & we will send your password to you:
My Account:
Copyright © International Chamber of Commerce (ICC). All rights reserved. ( Source of the document: ICC Digital Library )
It is a great pleasure for me to preface this Special Supplement to the International Court of Arbitration Bulletin devoted to the ICC Conference of 4 June 1997 which presented the 1998 ICC Rules of Arbitration to the international arbitration community.
This Conference brought together eminent arbitrators, business professionals, professors and practising lawyers involved in international arbitration. Most of the contributors had actively participated in the Working Party responsible for the 1998 revision and could thus provide an insider's view of the changes brought about by the new Rules. I thank them all warmly for their contribution.
Looking at the contributions and comments in this volume, I am again comforted in my belief that the new Rules represent a positive leap forward in the steady evolution which has characterized ICC arbitration ever since its inception in 1923. The reason why I use the word "leap" is that the 1998 revision was dictated by a highly accelerated development of the international arbitration environment. Over the past twenty years, in a context of globalization and tremendous growth in international trade, arbitration has definitely become the dispute settlement method in international business. This enhanced recognition of arbitration came with a greater acceptance of the New York Convention throughout the world, a lowering of national barriers to arbitration and a movement of legal harmonization sponsored in this field by the UNCITRAL Model Law. A new set of ICC Rules of Arbitration was needed, but expectations ran high and a fine balance between continuity and change was therefore required. In my opinion, both this need and this requirement were met with great skill.
It would be naive to think that no difficulties will arise in the application of the new Rules. We all know from experience that the practice of arbitration will always bring forth questions which were not or could not be foreseen. But one of the unique features of the ICC arbitration system is the existence of the Court, which meets practically every week, and its permanent Secretariat composed of highly qualified lawyers trained in various legal systems. The ICC is therefore well-equipped to handle new issues. With the 75 years of experience which the Court and its Secretariat will have had in 1998, I think we can reasonably expect that appropriate solutions will be found as the problems unfold. As pointed out in several contributions, one of the strengths of the new Rules is their greater flexibility. The Court and its Secretariat are now given, I believe, all the leeway they need to steer the new Rules smoothly into the next millennium.
This Special Supplement provides a unique insight into the 1998 ICC Rules of Arbitration and the extensive revision process of which they are the result. The contributions it contains are essential reading for anyone involved or interested in ICC arbitration today and for the years to come.
Robert Briner
Chairman
ICC International Court of Arbitration