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Copyright © International Chamber of Commerce (ICC). All rights reserved.
( Source of the document: ICC Digital Library )
Internal Rules of the Court of Arbitration
In force from 1 March 1980
1. The Court of Arbitration may accept jurisdiction over business disputes not of an international business nature, if it has jurisdiction by reason of an arbitration agreement.
Confidential character of the work of the Court of Arbitration
2. The work of the Court of Arbitration is of a confidential character which must be respected by everyone who participates in that work in whatever capacity.
3. The sessions of the Court of Arbitration, whether plenary or those of a Committee of the Court, are open only to its members and to the Secretariat.
However, in exceptional circumstances and, if need be, after obtaining the opinion of members of the Court, the Chairman of the Court of Arbitration may invite honorary members of the Court and authorize observers to attend. Such persons must respect the confidential character of the work of the Court.
4. The documents submitted to the Court of Arbitration or drawn up by it in the course of the proceedings it conducts are communicated only to the members of the Court and to the Secretariat.
The Chairman or the Secretary General of the Court may nevertheless authorize researchers undertaking work of a scientific nature on international trade law to acquaint themselves with certain documents of general interest, with the exception of memoranda, notes, statements and documents remitted by the parties within the framework of arbitration proceedings.
Such authorization shall not be given unless the beneficiary has undertaken to respect the confidential character of the documents made available and to refrain from any publication in their respect without having previously submitted the text for approval to the Secretary General of the Court.
5. Owing to the special responsibilities laid upon them by the ICC Rules of Arbitration, the Chairman, the Vice-Chairmen and the Secretariat of the Court of Arbitration may not personally act as arbitrators or as counsels in cases submitted to ICC arbitration.
The members of the Court of Arbitration may not be directly appointed as co-arbitrators, sole arbitrator or Chairman of an arbitral tribunal by the Court of Arbitration. They may however be proposed for such duties by one or more of the parties, subject to confirmation by the Court.
6. When the Chairman, a Vice-Chairman or a member of the Court of Arbitration is involved, in any capacity whatsoever, in proceedings pending before the Court, he must inform the Secretary General of the Court as soon as he becomes aware of such involvement.
He must refrain from participating in the discussions or in the decisions of the Court concerning the proceedings and he must be absent from the Court room whenever the matter is considered.
He will not receive documentation or information submitted to the Court of Arbitration during the proceedings.
7. By virtue of their capacity, the members of the Court are independent of the ICC National Committees which proposed them for nomination by the ICC Council.
Furthermore, they must regard as confidential, vis-à-vis the said National Committees, any information concerning individual disputes with which they have become acquainted in their capacity as members of the Court except when they have been requested, by the Chairman of the Court or by its Secretary General, to communicate that information as representative of their respective National Committees.
8. In accordance with the provisions of Article 1(4) of the ICC Rules of Arbitration, the Court of Arbitration hereby establishes a Committee of the Court composed as follows, and with the following powers.
9. The Committee consists of a Chairman and two members. The Chairman of the Court of Arbitration acts as the Chairman of the Committee. He may nevertheless designate a Vice-Chairman of the Court to replace him during a session of the Committee.
The other two members of the Committee are appointed by the Court of Arbitration from among the Vice-Chairmen or the other members of the Court. At each meeting of the Court it appoints the members who are to attend the meetings of the Committee to be held before the next plenary session of the Court.
10. The Committee meets when convened by its Chairman, in principle twice a month.
a) The Committee is empowered to take any decision within the jurisdiction of the Court of Arbitration, with the exception of decisions concerning challenges of arbitrators (Art. 2 (7) of the ICC Rules of Arbitration), allegations that an arbitrator is not fulfilling his functions (Art. 2 (8) of the ICC Rules of Arbitration) and approval of draft awards other than awards made with the consent of the parties.
b) The decisions of the Committee are taken unanimously.
c) When the Committee cannot reach a decision or deems it preferable to abstain, it transfers the case to the next plenary session of the Court of Arbitration, making any suggestions it deems appropriate.
d) The Committee's proceedings are brought to the notice of the Court of Arbitration at its next plenary session.
12. Where there is no "prima facie" arbitration agreement between the parties or where there is an agreement but it does not specify the ICC, the Secretariat draws the attention of the claimant to the provisions laid down in Article 7 of the Rules of Arbitration. The claimant is entitled to require the decision to be taken by the Court of Arbitration.
This decision is of an administrative nature. If the Court decides that the arbitration solicited by the claimant cannot proceed, the parties retain the right to ask the competent jurisdiction whether or not they are bound by an arbitration agreement in the light of the law applicable.
If the Court of Arbitration considers "prima facie" that the proceedings may take place, the arbitrator appointed has the duty to decide as to his own jurisdiction and, where such jurisdiction exists, as to the merits of the dispute.
13. When the Court of Arbitration is called upon to nominate or to confirm an arbitrator by virtue of the provisions of Article 2 of the ICC Rules of Arbitration, the reasons for its decision are confidential and are not communicated.
14. All arbitrators appointed by the Court of Arbitration, whether directly on the proposal of an ICC National Committee or on the proposal of one of the parties, must be and remain independent of the parties in question.
15. On their nomination or confirmation by the Court of Arbitration the arbitrators are requested to inform the Secretary General of the Court of any facts which, in their opinion, might be of such a nature as to bring their independence into question in the eyes of the parties.
16. If an arbitrator is challenged by one of the parties (Art. 2 (7) of the ICC Rules of Arbitration), the Secretariat asks the latter to state his point of view as to the grounds for the challenge within a suitable period of time. Depending on the nature of the grounds, the Secretariat may also question the other party and, if need be, the other members of the arbitral tribunal.
The Court of Arbitration is then requested to consider and decide on the challenge in plenary session after hearing a report from one of its members.
The reasons for the decision taken by the Court are confidential and are not communicated.
17. When the question of replacing an arbitrator on the ground that he is not fulfilling his functions arises (Art. 2 (8) of the ICC Rules of Arbitration), the Secretariat asks the arbitrator, the parties and, if need be, the other members of the arbitral tribunal to state their point of view within a suitable period of time.
The Court of Arbitration is then requested to take a decision in plenary session after hearing a report from one of its members.
18. When a party presents a request for arbitration in connection with a legal relationship already submitted to arbitration proceedings by the same parties and pending before the Court of Arbitration, the Court may decide to include that claim in the existing proceedings, subject to the provisions of Article 16 of the ICC Rules of Arbitration.
19. When the Court of Arbitration has set separate deposits for a specific case in accordance with Article 9.1 (para. 2) of the ICC Rules of Arbitration, the Secretariat requests each of the parties to pay the amount corresponding to its claims, without prejudice to the right of the parties to pay the said deposits in equal shares, if they deem it advisable.
20. When a request for a deposit has not been complied with, the Secretariat may set a time limit, which must not be less than 30 days, on the expiry of which the relevant claim, whether principal claim or counterclaim, shall be considered as withdrawn. This does not prevent the party in question from lodging a new claim at a later date.
Should one of the parties wish to object to this measure, he must make a request, within the aforementioned period, for the matter to be decided by the Court of Arbitration.
The time limit for making the award mentioned in Article 18(1) of the ICC Rules of Arbitration begins to run only when the terms of reference have become operative upon due payment of the deposit as specified in Article 9(4) of the Rules.
21. If one of the parties claims a right to a set-off with regard to either a principal claim or counterclaim, such set-off is taken into account in determining the deposit to cover the costs of arbitration, in the same way as a separate claim, insofar as it may require the arbitrators to consider additional matters.
22. When it scrutinizes draft arbitral awards in accordance with Article 21 of the ICC Rules of Arbitration, the Court of Arbitration pays particular attention to the respect of the formal requirements laid down by the law applicable to the proceedings and, where relevant, by the mandatory rules of the place of arbitration, notably with regard to the reasons for awards, their signature and the admissibility of dissenting opinions.
23. In setting the arbitrators' fees on the basis of the scale attached to the ICC Rules of Arbitration, the Court of Arbitration takes into consideration the time spent, the rapidity of the proceedings and the complexity of the dispute, so as to arrive at a figure within the limits specified or, when circumstances require, higher or lower than those limits (Art. 20(3) of the Rules of the Court of Arbitration).