Recently, the International Chamber of Commerce has perceived an increasing worldwide demand for amicable dispute resolution services (ADR).

 

In the last few years, there has been a growing trend for requests for ADR to be submitted on the basis of a clause contemplated in the contracts and referring to the ICC ADR Rules.

 

ICC Secretary General Guy Sebban said: “This change indicates an increase of interest among users for the amicable settlement of commercial disputes and also improved knowledge of the ICC ADR Rules.”

 

Under the ICC ADR rules, in force since 1 July 2001, a Neutral is appointed to help parties to a dispute reach a settlement agreement. Parties may agree on any technique or combination of techniques to help them reach agreement. These include mediation, a mini-trial, and neutral evaluation, or a combination of techniques. If the parties cannot agree, mediation will apply by default. Mediation is a process whereby a third person aids parties to a dispute in finding a suitable solution. The mediator’s role is to facilitate discussions and the exchange of information among the parties. The desired result of a mediation is a settlement agreement.

 

Christine Guerrier, Legal Director (Litigation) with Thalès said: “For businesses, mediation is an extremely effective method of resolving disputes in terms of cost, time and result. Even when a dispute seems almost unsolvable in the context of the parties’ relations and the sums at stake, the presence of a mediator can help to narrow differences and achieve a reasonable agreement in a very short space of time. This was proved to us once again only recently in proceedings under the ICC ADR Rules.”

 

The flexible and confidential nature of ICC ADR proceedings and the monitoring of cases by a dedicated international staff in Paris are key elements of the ICC ADR Rules that fully respond to business needs. ICC ADR proceedings may be used anywhere in the world. Proceedings may take place in the language or languages of choice. The Rules are already available in six major languages and suggested ADR clauses are proposed to the parties for incorporation into their contracts. To a great extent, the parties retain control of the process. 

 

All this adds up to a dispute settlement system that is flexible, adaptable and international in scope.

 

ICC International Court of Arbitration