In the absence of an agreement between the parties, the arbitral tribunal shall determine the language or languages of the arbitration, taking due account of all relevant circumstances, including the language of the contract. The Court may, at the request of one of the parties, consolidate two or more arbitration proceedings pending under the Rules of Procedure into a single arbitration if: (a) the parties have agreed to consolidation; or (b) all claims in the arbitration proceedings are asserted under the same arbitration agreement; or (c) if the claims in the arbitration proceedings are asserted under more than one arbitration agreement, the arbitration proceedings take place between the same parties, the disputes arise in the arbitration proceedings in connection with the same legal relationship, and the court considers the arbitration agreements to be compatible. In deciding on codification, the Court may take into account any circumstance it considers relevant, including whether one or more arbitrators have been confirmed or appointed in more than one of the arbitrations and, if so, whether the same or different persons have been confirmed or appointed. If the arbitration is consolidated, it will be combined into the arbitration that began first, unless all parties have agreed otherwise. 3. The provisions of the expedited procedure shall not apply if: (a) the arbitration agreement was concluded in accordance with the Rules of Procedure before the date of entry into force of the provisions relating to the expedited procedure; (b) the parties have agreed to withdraw from the provisions on expedited procedures; or (c) the Court of Justice, at the request of a party, finds, before the arbitration tribunal is convened or of its own motion, that it is not appropriate in the circumstances to apply the provisions relating to the expedited procedure. Like all ICC dispute resolution services, we base our arbitration solutions on rules that follow international best practices. We regularly update these rules and translate them into many languages to meet today`s business needs. We have made these rules short, adaptable and easy to use in virtually all types of procedures. The primary laws on the basis of which international arbitrators plead a case are the applicable law of a contract or the law of tort relating to a contract, the arbitration laws of the seat of arbitration, and the New York and Washington Conventions (also known as the ICSID Convention).
The arbitral tribunal or the Secretariat may, at any time after the commencement of the arbitration, require the representatives of the parties to provide proof of power of attorney. As the COVID-19 outbreak expands globally, employee safety and business continuity remain our top priorities. If you are a user, arbitrator or other neutral in an ongoing and/or future ICC arbitration and EXTRAE RULES proceeding, stay up to date with our latest news and advice. (1) Unless the parties have agreed otherwise, the arbitral tribunal may, as soon as the record has been transmitted to it, order any interim measure of protection it deems appropriate at the request of one of the parties. The arbitral tribunal may make the grant of such a measure subject to the provision of sufficient security by the requesting party. Any such measure shall take the form of a reasoned decision or an arbitral award that the arbitral tribunal deems appropriate. (2) Before the record is transmitted to the arbitral tribunal and, in appropriate circumstances, thereafter, the parties may apply to any competent judicial authority for interim measures of protection. The application of a party to a judicial authority to such measures or to the implementation of such measures ordered by an arbitral tribunal shall not be considered a breach or waiver of the arbitration agreement and shall not affect the relevant powers reserved to the arbitral tribunal. Such a request and any action taken by the judicial authority shall be notified without delay to the Secretariat. The Secretariat shall inform the arbitral tribunal thereof.
International arbitration is sometimes referred to as a hybrid form of international dispute settlement because it mixes elements of civil and common law proceedings, while providing an important opportunity for parties to shape the arbitration under which their dispute is resolved. International arbitration can be used to resolve any dispute that is considered “arbitrable”, a term whose scope varies from state to state, but which includes the majority of commercial disputes. (1) Any request for arbitration under the Rules shall be accompanied by a filing fee of $5,000. This payment is non-refundable and will be credited to the applicant`s advance on the fee. (5) At the end of the proceedings, instead of replacing a deceased arbitrator in accordance with Article 15( 1) or Article 15, paragraph 2, or dismissed by the Court, the Court may decide whether it considers it appropriate for the other arbitrators to continue the arbitration. In making this decision, the Court shall take into account the views of the other arbitrators and the parties and any other matter it considers appropriate in the circumstances. 9. Any amount paid by the parties as an advance on costs in excess of the costs of the arbitration determined by the court shall be reimbursed to the parties, taking into account the amounts paid. The IBA Guide on Establishing and Maintaining Complaint and Disciplinary Procedures was approved by the IBA Council in October 2007.
It serves as a model guide to assist law societies in establishing or adapting their own basic procedures for complaints and disciplinary measures. This includes recommendations for a local code of conduct with basic principles against which a lawyer`s conduct is measured, a fair, impartial and independent complaints body with mediation and dismissal powers, procedural and documentation provisions for the rules for responding to a complaint submitted, educational and information requirements to ensure that consumers are informed of the complaint procedure against lawyers. are. and guidelines for disciplinary and appellate tribunals to comply with due process and to have a set of sanctions at their discretion to impose an appropriate sanction. The UNCITRAL Arbitration Rules were originally adopted in 1976 and have been used to resolve a wide range of disputes, including disputes between private commercial parties in which no arbitration institution is involved, investor-state disputes, state-to-state disputes and commercial disputes administered by arbitration institutions. In 2006, the Commission decided to revise the UNCITRAL Arbitration Rules to reflect developments in arbitration practice over the past thirty years. The revision was intended to improve the effectiveness of arbitration under the Rules of Procedure without altering the original structure of the text, its spirit or its design style. (11) In accordance with Art. 37 para.
5 of the Rules of Procedure, the advance payment of costs may be adjusted at any time during the arbitration proceedings, in particular to take account of fluctuations in the value of the dispute, changes in the amount of the arbitrator`s estimated costs or changes in the difficulty or complexity of the arbitration proceedings. The parties also often add rules regarding the law governing the contract, the number of arbitrators, the place of arbitration, and the language of the arbitration. The activities of the Court of Justice shall be of a confidential nature and must be respected by any person who participates in this work in any capacity whatsoever. The Court shall regulate the persons who may attend the meetings of the Court and its Committees and who have the right of access to documents relating to the work of the Court and its secretariat. The arbitrators, all persons appointed by the arbitral tribunal, the emergency arbitrator, the tribunal and its members, the ICC and its employees, and the ICC`s national committees and groups and their employees and representatives shall not be liable to anyone for acts or omissions related to the arbitration, unless such limitation of liability is prohibited by applicable law. In strict neutrality, our Secretariat and other regional offices are available by phone or email to answer questions. While we are happy to provide information, the work of all secretariats is strictly confidential. Neither we nor any party to the ICC will disclose information about a case except to those involved. Everyone can benefit from the flexibility and efficiency of ICC arbitration. The only requirement is that the parties to a separate contract, contract or arbitration agreement must agree to resort to ICC arbitration. This is handled by a contract or contract before a dispute arises.
However, this can also happen after a dispute has taken place. 1. When drawing up the statutes or as soon as possible thereafter, the arbitral tribunal shall convene a case management conference to consult the parties on the procedural measures that may be adopted in accordance with Article 22(2). These measures may include one or more of the case management techniques described in Annex IV. 2. During or after this Conference, the arbitral tribunal shall determine the procedural timetable it intends to follow for the conduct of the arbitration.
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