Commission on Arbitration and ADR


About the Commission on Arbitration and ADR

The Commission on Arbitration and ADR is ICC's rule-making body and unique think tank in the field of international dispute resolution. The commission drafts and revises the various ICC rules for dispute resolution, including the ICC Rules of Arbitration, the ICC ADR Rules, the ICC Dispute Board Rules, and the ICC Rules for Expertise. In its research capacity, it proposes new policies in the interest of efficient and cost-effective dispute resolution and provides useful tools for the conduct of dispute resolution. It also produces reports and guidelines on legal, procedural and practical aspects of dispute resolution, which are published regularly in electronic format, in the ICC Bulletin , or in separate booklets.

The commission provides for a global forum of around 700 members coming from more than 92 countries including lawyers, in-house counsel, arbitrators, mediators, law professors and experts in various dispute resolution fields. All contribute to ensure that ICC dispute resolution services adapt to the legislative and technological developments. The specific work of the commission is often carried out in smaller task forces. The commission holds two plenary sessions per year at which proposed rules, reports and guidelines are discussed, debated, and voted upon.

The commission's objectives

  • Draft and amend ICC's Arbitration, Mediation, Expert Determination, Dispute Board and other forms of dispute resolution rules;
  • Study the juridical and other aspects of arbitration and other modes of international dispute settlement, and examine them in view of current developments;
  • Provide reports, guidelines and best practices on a range of topics of current relevance to the world of international dispute resolution, with a view to improving ICC dispute resolution services;
  • Create a link among arbitrators, counsel and users to enable ICC dispute resolution to respond effectively to users' needs;
  • Act as a forum for ideas on issues relating to international arbitration and other forms of dispute resolution; and
  • Promote ICC's various dispute resolution services globally.

Recent developments

After having successfully launched the 2012 ICC Rules of Arbitration and the new ICC Mediation Rules which came into force on 1 January 2014, the Commission also approved the ICC Expert Rules, the ICC Dispute Board Rules and the DocDex Rules.

The new ICC Report Decisions on Costs in International Arbitration helps to meet the expectations of arbitration users by providing on overview of how arbitrators decide on costs and is the Commission's latest initiative to encourage efficient and costs- effective procedural conduct.

Other recent developments of the ICC Commission on Arbitration and ADR include the release of a new edition of its Guide to National Procedures for Recognition and Enforcement of Awards under the New York Convention . This enlarged and updated edition now covers 79 Country Answers and takes account of recent legal developments.

The commission also published Effective Management in Arbitration - A Guide for In-House Counsel and Other Parties' Representatives . This Guide is meant to provide client representatives, such as in-house counsel, managers or government representatives, with a practical tool-kit to assist them in making effective time and cost decisions throughout an arbitration. Two other reports, the Report on States, State Entities and ICC Arbitration and the Report on Techniques for Controlling Time and Costs in Arbitration were issued by the Commission in 2012.

Other active Task Forces are the Task Force on Financial Institutions and International Arbitrations , as well as the Task Force on Emergency Arbitrator Proceedings . A Task Force on the Probative Value of Witness Evidence and a Task Force on the Revision of the Rules of ICC as Appointing Authority in UNCITRAL or other Ad Hoc Arbitration Proceedings were recently created.

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