ICC International Court of Arbitration

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International Court of Arbitration

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ICC International Court of Arbitration

The International Court of Arbitration is the world's leading body for the resolution of international disputes by arbitration.

The universal scope of the International Court of Arbitration, commonly known as "the Court", is evidenced by the fact that each year, numerous parties, arbitrators and lawyers from countries of every economic, political and social system are present in ICC arbitrations.

The Court members diverse professional, legal and cultural backgrounds brings a richness to the Courts daily work and decision making processes.

The Court is one of the world's most experienced and renowned international arbitration institutions. Working closely with its Secretariat, the Courts primary role is to administer ICC Arbitrations. It performs the functions entrusted to it under the ICC Rules of Arbitration and continually strives to assist parties and arbitrators to overcome any procedural obstacles that arise.

In performing its functions, the Court is mindful of its duty to make every effort to ensure that awards are enforceable at law.

List of Current Court Members

Members of the ICC International Court of Arbitration are appointed for three-year terms.

Members of the ICC Court are appointed by the ICC World Council on the proposal of national committees and groups (one member for each committee and group). Once appointed, Court members must remain independent from national committees in the performance of their functions.

Alternate members are appointed by the World Council on the proposal of the Court's President. Suggestions from national committees should be sent to the President.

Functions of the ICC International Court of Arbitration

Working closely with its Secretariat, the Courts primary role is to administer ICC Arbitrations.

The Court performs the functions entrusted to it under the ICC Rules of Arbitration and continually strives to assist parties and arbitrators to overcome any procedural obstacles that arise. In performing its functions, the Court is mindful of its duty to make every effort to ensure that awards are enforceable at law.

Importantly, the Court is not a court in the judicial sense of the term. It does not itself resolve disputes or decide who wins or who loses an arbitration. It does not award damages or even costs. Those are all functions reserved for independent arbitral tribunals appointed in accordance with the Rules.

The Court's specific functions under the Rules include:

Fixing the place of arbitration

Assessing whether there is a prima facie ICC Arbitration agreement

Taking certain necessary decisions in complex multi-party or multi-contract arbitrations

Confirming, appointing and replacing arbitrators

Deciding on any challenges filed against arbitrators

Monitoring the arbitral process from the filing of the request for arbitration to the notification of the final award to ensure that it proceeds in accordance with the Rules and with the required commitment to diligence and efficiency

Scrutinizing and approving all arbitral awards, in the interests of improving their quality and enforceability

Setting, managing and, if necessary, adjusting costs of the arbitration, including the ICC administrative expenses and the arbitrators fees and expenses

Overseeing emergency arbitrator proceedings

Secretariat of the Court

The Courts Secretariat comprises a permanent staff of more than 80 lawyers and support personnel.

Headed by a Secretary General, it assists the Court in performing its functions as well as performing numerous functions of its own in accordance with the Rules and the Courts practices.

The Secretariat is divided into eight case-management teams, each dealing principally with cases relating to certain regions or language groups. Seven of the teams are based in Paris, the eighth in Hong Kong and the ninth in New York. Each team is led by a Counsel, and comprises two or three deputy counsel plus administrative assistants.

In deciding which team to allocate a new arbitration to, the Secretary General considers such factors as the parties' nationalities, the place of arbitration, the languages and laws involved, and any other relevant factors. Based on that assessment, the Secretary General allocates the case to the most suitable team. The assigned team then becomes the principal point of contact for all players involved in the arbitration. The team assists the parties, counsel and arbitrators in applying the Rules and briefs the Court on its decisions.

ICC arbitration and ADR marketing activities are supported by marketing officers covering North America, Asia and the Pacific, Eastern Mediterranean, the Middle East and Africa, Latin America and the United Kingdom.

Languages of the Court, Secretariat and of ICC Arbitrations

The Courts official working languages are English and French.

In recent years, however, the Court has begun to hold special Court sessions for the scrutiny of arbitral awards in German and Spanish, when the awards themselves are in one of those languages.

The Secretariats official working languages are also English and French, but Secretariat personnel speak approximately 25 languages. The Courts official written correspondence is also available for arbitrations in German, Spanish and Portuguese.

http://www.iccwbo.org/about-icc/organization/dispute-resolution-services/icc-international-court-of-arbitration/