Arbitral Proceedings

The Arbitral Tribunal and the parties shall make every effort to conduct the arbitration in an expeditious and cost-effective manner.

Language of the proceedings (Article 20)

If not agreed by the parties, the Arbitral Tribunal determines the language or languages of the arbitration.

Conservatory measures (Article 28)

The Rules provide that the Arbitral Tribunal can order interim or conservatory measures. This does not affect the parties’ rights, in appropriate circumstances, to apply to any competent judicial authority for such measures.

Law applicable to the merits (Article 21)

In the absence of an agreement between the parties as to the applicable rules of law, the Arbitral Tribunal applies the rules of law which it determines to be appropriate. In all cases the Arbitral Tribunal takes account of the provisions of the contract and the relevant trade usages.

If the parties have agreed to give it such powers, the Arbitral Tribunal may act as amiable compositeur or decide ex aequo et bono.

Rules of procedure (Articles 19, 22, 25, 26)

The ICC Arbitration procedure is very flexible.

The parties and arbitrators are free to fix the rules of procedure, subject to any mandatory provisions that may be applicable. The parties may determine, for instance, whether and to what extent document production requests or cross-examination will be allowed. The Arbitral Tribunal proceeds within as short a time as possible to establish the facts of the case by all appropriate means. The parties have the right to be heard; the tribunal may also decide to hear witnesses and experts, and may summon any party to provide additional evidence.

Closing of the proceedings (Article 27)

As soon as possible after the last hearing concerning matters to be decided in an award or the filing of the last authorized submissions, the arbitral tribunal will declare the proceedings closed with respect to the matters to be decided in the award and inform the Secretariat and the parties of the date by which it expects to submit its draft award to the Court.

Time limit for the final award (Article 30)

The Court will, at the outset of a case, fix a time limit for the final award based upon the arbitral tribunal’s procedural timetable. If no such time limit specific to the procedural timetable is fixed, the time limit for the final award will initially default to six months from the date of approval or of last signature of the terms of reference. The Court can extend the time limit for the final award.