Determination of the version (1975 or 1988) of the ICC Rules to be applied / Award rendered under the 1975 Rules annuled in 1989 / New sole arbitrator appointed in 1990 / Continuation of the arbitration under the 1988 Rules, yes / Application of Art. 2(12) of the 1988 Rules, yes

An ICC arbitration based on an agreement signed in 1980 was set in motion under the 1975 version of the ICC Rules. Terms of Reference were also signed under that version. An award was rendered in August 1988 and subsequently annuled by the Swiss Courts in 1989. In November 1990, a new sole arbitrator was appointed by the ICC Court, in the same case. The arbitration was continued on the basis of Art. 2(12) of the 1988 version of the ICC Rules which specifies that where an arbitrator is to be replaced, the arbitral tribunal shall determine if and to what extent prior proceedings shall again take place. One of the preliminary questions that was to be decided by the sole arbitrator, upon the objections raised by Defendant, who contended that a new request for arbitration had to be filed after the annulment, was the determination of which version (1975 or 1988) of the ICC Rules would apply to the present arbitration.