Lex Mundi Global Arbitration Institutions Guide |
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International (ICC) |
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| (International) Firm CERHA HEMPEL Rechtsanwälte GmbH Updated 05 Sep 2018 | |
| Name of Arbitral Institution; with abbreviation, if any. | International Court of Arbitration of the International Chamber of Commerce ("ICC") |
| Where is the seat of the Arbitral Institution? | Paris |
| Is there an umbrella organization for the Arbitral Institution? | International Chamber of Commerce |
| How is the Arbitral Institution structured? | ICC Court; ICC National Committees; Committee of the Court; Court Secretariat |
| Is there a compulsory list of arbitrators that parties are required to choose from? | No. |
| Can the place of arbitration freely be chosen by the parties? Is there a default place of arbitration? | Yes; default place is fixed by the Court according to Art 18 (1) |
| What is the amount of the registration fee? | Filing fee USD 5,000 |
| What is the average cost of an arbitration in the following cases? 1 arbitrator, amount in dispute = $1 million | USD 62,000 |
| What is the average cost of an arbitration in the following cases? 3 arbitrators, amount in dispute = $10 million | USD 400,000 |
| What is the average cost of an arbitration in the following cases? 3 arbitrators, amount in dispute = $100 million | USD 740,000 |
| Who pays advances on costs? What happens in the event of default? | Each party pays half (Art 37, Appendix III); in the event of default the other party must also pay the other share; partial awards on reimbursement of defaulting parties' share are deemed permissible. |
| Does the Arbitral Institution have formalistic procedures (e.g. terms of reference) that must be complied with? If so, which ones? | Terms of Reference: Art 23; |
| Which languages can be used for communication with the Arbitral Institution? | 20 languages |
| Who is the main point of contact for the parties within the Arbitral Institution? | Counsel in Management Team |
| Are there restrictions on the language that the arbitration may be conducted in? | No. |
| Who appoints substitute arbitrators? | Court |
| Are there specific regulations for multi-party arbitrations or joinders to the proceedings? | Yes, Art 7 - 10 |
| Are oral hearings compulsory? | No. |
| What are common evidence-taking practices? | IBA Rules on the Taking of Evidence |
| What is the average duration of arbitration proceedings? | Formally six months, mostly extended, can take much longer. |
| What is the timeframe for rendering the award? | Six months (Art 31, can be extended) |
| Are extensions to time limits permissible? | Yes. |
| Can the arbitral tribunal impose interim measures? Is there a competing competency of the ordinary courts with regard to interim measures? | Yes, Art 28; Yes |
| Do the institutional rules provide for an emergency arbitrator? | Yes, Art 29 and Appendix V; Cost US$ 40.000 |
| Are there any specific regulations for expedited proceedings? If so, is there a deadline for rendering such an award? | Yes, Art 32 and Appendix VI; six months (can be extended) |
| Are arbitral awards submitted for scrutiny? If so, to whom? | Yes; full scrutiny by the Court |
| Do costs necessarily follow the event? | No, Art 38 |
| Can an arbitral award be annulled in your jurisdiction? If yes, do the reasons for annulment in principle correspond to the reasons for denial of enforcement according to the New York Convention? | Depends on the seat of arbitration and its respective lex arbitri. |
| Link to institutional rules | https://iccwbo.org/dispute-resolution-services/arbitration/rules-of-arbitration/ |
| Link to model clause | https://iccwbo.org/dispute-resolution-services/arbitration/arbitration-clause/ |
Lex Mundi Global Arbitration Institutions Guide
International Court of Arbitration of the International Chamber of Commerce ("ICC")
Paris
International Chamber of Commerce
ICC Court; ICC National Committees; Committee of the Court; Court Secretariat
No.
Yes; default place is fixed by the Court according to Art 18 (1)
Filing fee USD 5,000
USD 62,000
USD 400,000
USD 740,000
Each party pays half (Art 37, Appendix III); in the event of default the other party must also pay the other share; partial awards on reimbursement of defaulting parties' share are deemed permissible.
Terms of Reference: Art 23;
Case Management Conference and Procedural Timetable: Art 24;
Scrutiny of the award by the Court: Art 34;
20 languages
Counsel in Management Team
No.
Court
Yes, Art 7 - 10
No.
IBA Rules on the Taking of Evidence
Formally six months, mostly extended, can take much longer.
Six months (Art 31, can be extended)
Yes.
Yes, Art 28; Yes
Yes, Art 29 and Appendix V; Cost US$ 40.000
Yes, Art 32 and Appendix VI; six months (can be extended)
Yes; full scrutiny by the Court
No, Art 38
Depends on the seat of arbitration and its respective lex arbitri.