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March 16, 2017 Practice Points

Newly Revised Rules of the ICC Become Effective

By Karl Bayer

On March 1, 2017, the newly revised rules of the International Court of Arbitration of the International Chamber of Commerce’s (ICC) became effective. The new rules are designed to enhance efficiency and transparency. According to the ICC:

Under the Expedited Procedure Rules, the ICC Court will normally appoint a sole arbitrator, irrespective of any contrary term of the arbitration agreement. Awards must be made within six months from the case management conference, with extensions granted only in limited and justified circumstances. 

Under the new rules, there will be no terms of reference, and the tribunal will have discretion to decide the case on documents only, with no hearing, no requests to produce documents and no examination of witnesses. The quality control on awards—performed by the ICC Court and its secretariat through the scrutiny of the award—will be maintained. Finally, a scale providing for significantly reduced fees will apply. The revised expedited procedure rules will automatically apply to all ICC arbitral proceedings with less than $2 million in dispute. In addition, parties may choose to utilize the expedited rules for disputes over $2 million.

The ICC also has implemented other amendments including a shorter, one-month “time-limit for the establishment of Terms of Reference, in order to streamline the initial phases of the proceedings.” Additionally, the ICC Court may “provide reasons for its decisions made on challenges, as well as for other decisions, such as prima facie jurisdictional decisions and consolidations, without having to seek consent of all parties, as under the previous Rules.” The revised ICC International Court of Arbitration rules were formally approved by the ICC Executive Board in October.

Karl Bayer is the founder of Karl Bayer Dispute Resolution in Austin, Texas.

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