Incorporating one or more of the Incoterms® rules into a contract does not in itself constitute an agreement to use ICC dispute resolution services. Contracting parties that wish to resort to one or more or these services in the event of a dispute should reach a specific and clear agreement to that effect. For this purpose, ICC offers suggested and standard clauses that parties may incorporate into their contracts. Failing this, parties should agree on the use of ICC rules in an exchange of correspondence.

ICC offers an array of services to help parties overcome disputes arising from international trade. These services respond to different needs and different situations. Each is governed by a set of rules defining a neutral procedure capable of accommodating cultural, linguistic and legal diversity, as well as the specificities of given sectors and activities.

Arbitration, administered by the ICC International Court of Arbitration, generally leads to a binding decision issued by a tribunal of one or three arbitrators. The decision is widely enforceable because of the legal recognition arbitration enjoys in almost all the world’s trading nations.

Amicable dispute resolution embraces various methods of dispute resolution that seek a settlement by consensual means. The neutral third party and the parties to the dispute decide on the settlement technique to be used, which may be mediation, neutral evaluation, a mini-trial or a combination of different techniques.

Dispute boards are ongoing bodies set up for the duration of a contract to resolve disputes as and when they arise during the life of the contract. Different types of dispute boards are available, depending on the powers the parties wish to grant to the members of the board and the force of their determinations.

Expertise consists of engaging a specialist to give an opinion on a matter requiring specialist knowledge and skills, such as technical, financial or legal know-how. The services offered range from the search for a suitable expert to the complete administration of the expert’s mission. A specific service called DOCDEX is offered for disputes relating to documentary credits, bank-to-bank reimbursements, collections and guarantees.

For further information, including all rules and clauses, visit our dispute resolution pages at www.iccwbo.org