Flexibility - The choices are yours
Number of arbitrators
You and the other party are free to agree on whether there should be a sole arbitrator or three. Failing agreement, the Court will decide. When three arbitrators are required, you choose one and your commercial partner the other. The parties also have the right to decide how the chair or the sole arbitrator should be appointed. Often the task of choosing the chair is given to the two arbitrators the parties have already selected.
The arbitrators
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 noagreement, 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.
Place of arbitration
ICC arbitrations can be held anywhere in the world. Choose the best place for getting your case handled with a minimum of fuss and inconvenience - and for making sure that the award can be enforced if necessary. This choice may have effect on the applicable law to the arbitral procedure.
Rules of law governing the arbitration
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".
Language of arbitration
Arbitrations can take place in any language. Parties may agree on the language in their original contract or when the case goes to arbitration.
Deadlines
You can indicate a deadline for completing the arbitration and even include it in your contract. Every effort will be made to meet the deadline, but not at the expense of the thoroughness and the quality of the arbitration.
Protection
Parties may apply to the arbitrators for interim measures - for example an injunction not to sell assets or transfer funds - pending an award.
Parameters of the case
It is for you to spell out your claims and how you want the case to be handled. Do you prefer the case to be decided solely on the basis of documents? Do you want witnesses to be called? Does the case warrant an expert opinion? If so, you can ask the ICC International Centre for Expertise to supply the right person.
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