Establishment of the Dispute Board

The DB shall be established in accordance with the provisions of the parties’ contract or, where the contract is silent, in accordance with the ICC Dispute Board Rules.

It shall be composed of one or three members (Article 7).

Under the ICC DB Rules, a party may request the ICC Dispute Board Centre to appoint a DB member in the event that the parties fail to do so. When making an appointment, the Centre shall consider the prospective DB member’s qualifications relevant to the circumstances, availability, nationality and relevant language skills, as well as any observations, comments or requests made by the parties (Article 7(8)).

The ICC Dispute Board Centre can also be asked to decide on a challenge of a DB member.

Every DB Member must be and remain independent of the parties and shall sign a statement of independence (Article 8).