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Party Autonomy under the 2012 ICC Arbitration Rules - Czech and Central European Yearbook of Arbitration - 2012: Party Autonomy versus Autonomy of Arbitrators

Author(s): 
Barbara Helene Steindl
Page Count: 
22 pages
Published: 
April, 2012
Practice Areas: 
ICC,
Multiple Parties
Tags: 
Party Autonomy
Author Detail: 

RA Mag. Barbara Helene Steindl, LL.M. (Columbia) MCIArb acts as counsel and arbitrator in international arbitrations under all major arbitration rules. Most of her work involves construction, investment protection, cross-border trade, distribution and sports arbitration. Mrs. Steindl is admitted to the Vienna bar and has passed the New York Bar exam. She is a former deputy counsel of the ICC International Court of Arbitration and acts as the LCIA’s YIAG representative for Central Europe. She works in English, French and German.

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Description: 

Originally from Czech and Central European Yearbook of Arbitration - 2012: Party Autonomy versus Autonomy of Arbitrators

Since the revision of the 1998 ICC Arbitration Rules and the entering into force of the 2012 ICC Arbitration Rules on January 1, 2012, ICC arbitration has changed. The contribution highlights several important innovations, and explains their meaning as well as the intention behind the change. Furthermore, an analysis is given of the extent to which the 2012 ICC Arbitration Rules limit, allow for, and even promote party autonomy. Light is shed on the development of the 2012 ICC Arbitration Rules, their applicability ratione temporis, on which mandatory and dispositive requirements have been established for the Request and the Answer's content and how compliance with those requirements may assist to save time and cost. In addition, the new provisions on multi-party and multi-contract arbitration, the case techniques for more efficient case management introduced by the 2012 ICC Arbitration Rules and the new Emergency Arbitrator will be discussed.