Pre-arbitral referee

Introduction

In force since 1990, the Rules established for this procedure allow parties to apply to a "referee" for urgent provisional measures in relation to a dispute. The parties themselves may select the referee, who, failing that, is appointed by the Chairman of the International Court of Arbitration. Measures the referee orders are binding until decided otherwise by a court or Arbitral Tribunal. Application of the ICC pre-arbitral referee procedure requires written agreement between the parties, concluded either as part of the relevant contract or later.