For many parties, initiating ICC arbitration can seem like entering unfamiliar territory. The process is formal and structured, and the term arbitration itself may carry a sense of complexity, especially for those encountering it for the first time. While it is a well-established mechanism for resolving cross-border disputes, the procedural steps that follow the filing […]
What Are the Recoverable Costs in ICC Arbitration?
Costs are among the most important considerations for parties in international arbitration proceedings.[1] Therefore, it is crucial for them to know in advance the categories of recoverable costs at the end of the arbitral process. These costs can generally be recovered from the losing party. In this respect, Article 38 of the Arbitration Rules of […]
Can Arbitrators Promote Settlement in Arbitration?
Parties can always attempt to settle their dispute in an amicable manner, even if the dispute has been referred to arbitration.[1] However, different opinions emerge regarding the arbitrators’ role in the settlement process. Certainly, arbitrators may facilitate settlement indirectly. As stated by Kaufmann-Kohler, arbitrators “can simply ask a few well-targeted questions at the right time, […]
ICC Emergency Arbitration
ICC emergency arbitration offers parties an alternative to state courts’ jurisdiction in seeking interim or conservatory relief. This procedure was introduced in 2012 with Article 29 of the ICC Rules and Appendix V.[1] The emergency arbitration provisions apply by default to arbitration agreements concluded after 1 January 2012 unless the parties have opted out.[2] The […]
Summary Procedures in International Arbitration
Summary procedures in international arbitration mean procedures by which the arbitral tribunal determines certain points of fact or law at an early stage of the proceedings, potentially dispensing with the need for further arbitration proceedings. Summary proceedings can be a blessing to a respondent facing frivolous claims that obviously lack merit, as a successful dismissal […]