ICC International Centre for ADR reports intense activity in 2013
The number of filings with the International Centre for ADR of the International Chamber of Commerce (ICC) rose to 207 in 2013 from 49 in 2012.
This exceptional increase was largely due to ICC’s being commissioned by the Internet Corporation for Assigned Names and Numbers (ICANN) to administer disputes over new generic Top-Level Domain (gTLD) names. At the same time, the Centre handled an increasing number of cases in its core areas of amicable dispute resolution, expertise and dispute boards.
Click on the pie chart to see the geographical
diversity of the parties in the Centre’s cases.
Growing demand for core services
The number of new cases filed under the ICC ADR Rules rose
to 32 in 2013, from 21 in 2012. Those cases involved parties from 33 countries
worldwide and covered a broad range of industries. Use of consensual dispute
resolution techniques is becoming increasingly widespread, in both the public
and private sectors. The cases registered in 2013 included two state entities –
one from the Middle East and the other from Sub-Saharan Africa. Mediation was
the technique used in most of the ADR cases, which is one of the reasons why
the ADR Rules have since been superseded by ICC’s Mediation Rules.
Requests under the ICC Expertise Rules likewise grew
from 19 in 2012 to 27 in 2013, involving parties from 25 different countries. 16
of the requests were for the proposal of an expert, 7 for the appointment of an
expert and 4 for the administration of expertise proceedings. Of the 16 proposals,
11 were requested by ICC arbitral tribunals, for which the Centre provides the
service free of charge. In addition, the Centre received six new cases under
ICC’s DOCDEX Rules, an expertise service dedicated to disputes over documentary
credits and other financial instruments. These cases involved parties of 11
2013 also saw an upturn in the use of the Centre’s
resources for constituting dispute boards. The Centre was requested to appoint
members to five different dispute boards set up by parties from seven countries
on all continents. The diversity of the parties’ nationalities again
demonstrates the international appeal of ICC’s services and the increasing
popularity of dispute boards worldwide.
Internet domain name disputes
A total of 137 domain name disputes were referred to
ICC in 2013. These disputes arose out of ICANN’s decision to allow the creation
of new gTLD names, to complement the twenty or so existing extensions such as
“.org” and “.com”. Applications for new gTLDs were open to objections on four
grounds. The ICC International Centre for Expertise, which is part of the
International Centre for ADR, was named as the dispute resolution provider for
two categories of objections: limited public interest objections and community
objections. The 137 cases administered by ICC involved parties from 21 countries.
The disputes were resolved by 61 experts of 22 nationalities, whose decisions
can be found here.
More detailed statistics can be found in the 2013
Statistical Report, to be published in the ICC International Court of
Arbitration Bulletin, vol. 25, no. 1, also available online in the ICC Dispute
Resolution Library, www.iccdrl.com. Expected publication date: August 2014.