ENGLISH

In force as from 1 January 1990

Introduction

During the course of many contracts, especially those made for long-term transactions, problems can arise which require an urgent response. It is frequently not possible to obtain in the time required a final decision from an arbitral tribunal or from a court.

Accordingly, the International Chamber of Commerce (ICC) has set out the following Rules for a Pre-Arbitral Referee Procedure in order to enable parties that have so agreed to have rapid recourse to a person (called a "Referee") empowered to make an order designed to meet the urgent problem in issue, including the power to order the preservation or recording of evidence. The order should therefore provide a temporary resolution of the dispute and may lay the foundations for its final settlement either by agreement or otherwise.

Use of the Pre-Arbitral Referee Procedure does not usurp the jurisdiction of any entity (whether arbitral tribunal or national court) that is ultimately responsible for deciding the merits of any underlying dispute.