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Copyright © International Chamber of Commerce (ICC). All rights reserved. ( Source of the document: ICC Digital Library )
Some 13 years after the publication by ICC Publishing and Kluwer Law International of the Collection of Procedural Decisions in ICC Arbitration, 1993-1996, this Special Supplement is the second such collection of procedural orders made in ICC arbitrations to appear in print.
It is a welcome addition to the 1997 publication which was compiled from texts originally published in the Journal du droit international. I am delighted that Dominique Hascher, to whom so much of the credit for the first Collection is due, has been prevailed upon to produce an introduction to this second compilation.
It is a frequent source of complaint that indiscriminate resort to such orders can contribute to an increasing, and by no means always necessary, formalization of arbitration proceedings.
The views of as eminent and respected a jurist as M. Hascher, who has a deep understanding of international arbitration and of the ICC International Court of Arbitration, are an invaluable insight into the proper place for procedural orders in the arbitral process and into the way in which a skilled tribunal might apply them to best advantage in terms of case management.
The aim of this publication is to give the reader an appreciation of the range of issues that might be dealt with by way of procedural order. They include hearing arrangements; the presentation of evidence; languages, translation and interpretation; confidentiality; interim measures; the suspension of proceedings; and matters relating to costs.
It must be remembered that these are discrete decisions made by particular arbitral tribunals in the exercise of their duties under the ICC Rules of Arbitration in light of the circumstances of a particular case. These decisions are not subject to scrutiny by the ICC International Court of Arbitration, as an award would be. For all that, they offer examples drawn from practice that will be of interest to parties and to arbitration practitioners alike.
Readers will be reassured to learn that a section dedicated to procedural orders is to be added to the ICC online Dispute Resolution Library (<www.iccdrl.com>). That link will afford quick access to these orders (and to others that will be added in the future) and render it easier to search the available data.
I am confident that the publication of this second compilation of such procedural orders will be welcomed as a contribution to greater transparency in, and to a better understanding of, arbitration procedure in general and that of the ICC International Court of Arbitration in particular.
John Beechey
Chairman
International Court of Arbitration