The last decade has seen a rising number of arbitrations involving two or more parties. So-called complex and multi-party arbitrations raise numerous practical issues in international arbitration, involving but not limited to the questions of who are the parties to an arbitration agreement, the possibilities of an “extension” of an arbitration agreement, the joinder of a third party, the consolidation of […]
Challenge of an ICC Arbitrator under the 2012 ICC Rules: Which Criteria does the ICC Court Apply?
Which criteria does the ICC Court apply when deciding arbitrator’s challenges? This is an interesting question with no straightforward answer, especially taking into account that the ICC Court has yet to begin publishing decision on challenges, although it has recently begun providing its reasoning to Parties with respect to its decisions on challenges. The 2012 ICC […]
ICC Emergency Arbitrator Rules
The 2012 ICC emergency arbitrator rules extend the advantages of arbitration to parties who are in urgent need of interim measures before an arbitral tribunal has been constituted. Before, parties had to seek such measures from State courts, which was not always possible or desired. An application for Emergency Measures can be filed prior to the Request for Arbitration under the ICC […]
Emergency Arbitrator Award
Most arbitration rules of the leading arbitration institutions have today introduced the possibility of appointing an Emergency Arbitrator who will decide on Interim Measures (including the ICC, the LCIA, the SIAC, the HKIAC and the SCC). These rules are being increasingly used by parties to request interim measures. The Arbitration Institute of the Stockholm Chamber […]
Escalation Clauses in the ICC Mediation Rules
On 1 January 2014, the Mediation Rules of the International Chamber of Commerce came into force (ICC Mediation Rules), thereby replacing ICC’s Amicable Dispute Resolution Rules. While arbitration under the ICC Arbitration Rules leads to a binding decision from an independent and neutral tribunal, the ICC Mediation procedure seeks to help the Parties reach a […]