Functions of the ICC International Court of Arbitration
Working closely with its Secretariat, the Court’s primary role is to administer ICC Arbitrations.
The Court performs the functions entrusted to it under the ICC Rules of Arbitration and continually strives to assist parties and arbitrators to overcome any procedural obstacles that arise. In performing its functions, the Court is mindful of its duty to make every effort to ensure that awards are enforceable at law.
Importantly, the Court is not a court in the judicial sense of the term. It does not itself resolve disputes or decide who wins or who loses an arbitration. It does not award damages or even costs. Those are all functions reserved for independent arbitral tribunals appointed in accordance with the Rules.
The Court's specific functions under the Rules include:
- Fixing the place of arbitration
- Assessing whether there is a prima facie ICC Arbitration agreement
- Taking certain necessary decisions in complex multi-party or multi-contract arbitrations
- Confirming, appointing and replacing arbitrators
- Deciding on any challenges filed against arbitrators
- Monitoring the arbitral process from the filing of the request for arbitration to the notification of the final award to ensure that it proceeds in accordance with the Rules and with the required commitment to diligence and efficiency
- Scrutinizing and approving all arbitral awards, in the interests of improving their quality and enforceability
- Setting, managing and, if necessary, adjusting costs of the arbitration, including the ICC administrative expenses and the arbitrators’ fees and expenses
- Overseeing emergency arbitrator proceedings