Frequently asked questions
The added value of the ICC arbitration system
Commencing the arbitration
The arbitral tribunal
The arbitral proceedings
Award
Costs
General
The added value of the ICC arbitration system
Question: What are the advantages of ICC arbitration over ad hoc arbitration?
Question: Is the recourse to ICC arbitration limited to specific disputes or disputes in a certain field?
Answer: No, the ICC Rules of Arbitration have been designed to be used in all sectors and for all types of business disputes.
Question: Why choose ICC arbitration?
Answer: Click here to know how ICC is a reputable and a global institution and here to view the distinctive features of ICC arbitration.
Question: Is ICC arbitration confidential?
Answer: The Court respects your privacy. In contrast with ordinary courtroom proceedings under public and media gaze, ICC does not divulge details of an arbitration case and keeps the identities of the parties completely confidential. So your business remains nobody else's business. Sometimes, of course, parties will publicize an award – but ICC's lips are always sealed. If you wish, you may also enter into a confidentiality agreement with the opposing party as an additional safeguard.
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Commencing the arbitration
Question: Are parties required to be ICC members to commence an ICC arbitration?
Answer: No. Click here.
Question: If I have a business dispute can I have recourse to ICC arbitration?
Answer: Click here.
Question: How do I file a Request for Arbitration?
Answer:A Request for arbitration should not be sent to the ICC National committee in your country or in the country where the seat of arbitration is located. Click here to know how to file a Request for arbitration.
Question: Are there model forms of a Request for Arbitration?
Answer: No. Parties are free to present their request as they wish, provided they comply with the provisions of the ICC Rules of Arbitration.
Question: In which language shall the Request for Arbitration be drawn up?
Answer: The language can be agreed upon by the parties in their original contract. Unless otherwise agreed by the parties or required by the applicable law, requests for arbitration can be submitted in any language.
Question: Is there a standard ICC arbitration clause?
Answer: Yes. Click here.
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The Arbitral Tribunal
Question: Can I choose my arbitrator?
Answer: You can pick your arbitrator for his or her nationality, language or expertise - someone who understands your culture or line of business. The Court checks all arbitrators for their independence and availability. It will step in to appoint a chair or a sole arbitrator if there is no agreement, or even choose the arbitrators if that is the parties' preference.
The Court is able to cast its net wide by calling on ICC's national committees, with their extensive contacts in their own countries
Link to Article 8 and Article 9 of the ICC Rules of Arbitration.
Question: Should the arbitrators acting in ICC arbitration proceedings be lawyers?
Answer: No, there is no requirement under the ICC Rules of Arbitration that the coarbitrators, the chairman of an arbitral tribunal or a sole arbitrator be a lawyer. The parties or the coarbitrators empowered by the parties to appoint the chairman of an ICC arbitral tribunal are free to designate the person of their choice.
Question: How can I become an arbitrator in ICC arbitration proceedings?
Answer: Individuals interested in serving as arbitrators in ICC arbitration proceedings should contact the ICC national committee in the country from which there are a national.
When requested to appoint an arbitrator, the ICC International Court of Arbitration will generally call upon a national committee to make a proposal.
National committees may be contacted directly by the parties seeking to appoint an arbitrator from the country in which the National committee is located.
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The arbitral proceedings
Question: What should be the language of the arbitration proceedings?
Answer: ICC Arbitrations can be conducted in any language. Parties may agree on the language in their original contract or when the case goes to arbitration. In the absence of an agreement by the parties, the arbitral tribunal will determine the language or languages of the arbitration
Link to Article 16 of the ICC Rules of Arbitration.
Question: What are the rules of law governing the arbitration?
Answer: You and the other party can agree on the rules of law under which your case will be dealt with. For example, they could be the laws of your own country, of the other party's country, of another country entirely, or what the legal profession calls "general principles of law".
Link to Article 17 of the ICC Rules of Arbitration.
Question: Where are ICC arbitration proceedings conducted?
Answer: ICC arbitrations can be held anywhere in the world. The seat of the arbitration as well as the place for the hearing can be located in any country. The annual statistical report shows the international nature of ICC arbitrations. The statistics are available here.
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Award
Question: How much time does it take to get a final award?
Answer: Arbitral tribunals usually take less time than national courts to reach a final decision.
The Court monitors deadlines from start to finish.The Court has the power to step in and replace arbitrators on the rare occasions that they fail to fulfill their obligations. If the parties agree on a fast-track arbitration, cases can be decided within a few months.
National courts are often congested. They may need between three and five years to resolve a dispute, sometimes even longer.
Click here for more details on time-limit and duration of the proceedings.
Link to Article 24 of the ICC Rules of Arbitration.
Question: Are the parties obliged to comply with an award?
Answer: Link to Article 28-6 of the ICC Rules of Arbitration.
Question: Where can I find ICC awards?
Answer: Click here.
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Costs
Question: How are the costs of arbitration fixed?
Answer: Arbitration is cost effective because the relative speed of arbitration compared with litigation keeps lawyers' costs down. Parties generally pay less in the long run for arbitration than if they take their case to national courts.
If you are worried about arbitrators dragging out proceedings to pad their fees, forget it. The Court sets ICC fees according to a fixed scale, primarily based on the amount in dispute. Wasting time is not in the arbitrators' financial interest.
You can get a rough idea of what you will have to spend by using the cost calculator on the Court website. Simply enter the amount in dispute to receive an estimate of administrative and arbitrator fees, which are set by the Court.
Factors like the place of arbitration and the number of arbitrators influence expenses and may affect the final bill. So your own choices can also keep costs down.
Link to Article 31, Article 32 and Appendix III of the ICC Rules of Arbitration.
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General
Question: How can I become more familiar with ICC arbitration?
Answer: In addition to the information available on the web site of the ICC International Court of Arbitration, ICC organizes conferences and seminars on arbitration in various countries either directly or through the national committees, PIDA programmes and publishes books on dispute resolution. Persons seeking more specific information than the one provided on the web site of the ICC International Court of Arbitration can also contact the Secretariat of the Court.
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