In ad hoc cases, the arbitration will be administered by the arbitrators themselves. Should problems arise in constituting the arbitral tribunal, the parties may require the assistance of a state court or of ICC as appointing authority, if so empowered by an arbitration clause, a subsequent agreement of the parties.
To provide this service, ICC applies a special set of rules, Rules of ICC as Appointing Authority in force as from 1 January 2004, designed for use both in proceedings under UNCITRAL Arbitration Rules and in other ad hoc proceedings.
Appointing the suitable arbitrator
In arbitration, one of the key steps is the constitution of the arbitral tribunal. Whilst this gives the parties the opportunity to designate arbitrators of their choice, especial care is required to ensure the independence and competence of the persons chosen, particularly in international proceedings.
ICC can select the suitable arbitrator thanks to its global network. This enables the parties to have their disputes resolved by people who have specialized competence in the relevant field.
Any request for the appointment or the challenge of an arbitrator should be accompanied by a payment to ICC of US$ 3,000. This payment is not refundable.
If the ICC is designated as appointing authority, the ICC International Court of Arbitration will be responsible for handling all requests, irrespective of the authority within ICC that is requested to act as appointing authority.
When acting as appointing authority under the UNCITRAL Arbitration Rules, the ICC International Court of Arbitration will in general continue to use the list-procedure referred to in those rules. However, should the list-procedure prove to be inappropriate in a particular case, the ICC Court may proceed otherwise.
In both UNCITRAL and other ad hoc proceedings, in addition, to making appointments, the ICC International Court of Arbitration may have other powers, including the power to decide upon challenges of arbitrators, whether or not appointed by ICC.
The Rules of ICC as Appointing Authority, which enter into force on 1 January 2004 provide a transparent and cost-effective procedure enabling parties to benefit from ICC’s expertise and experience in ad hoc arbitration.