Appendix - Comparison of International Arbitration Rules - 3rd Edition

Author(s):

Simpson Thacher and Bartlett L.L.P.

Page Count:

120 pages

Media Description:

PDF from "Comparison of International Arbitration Rules - 3rd Edition"

Published:

September, 2008

Jurisdictions:

International

Author Detail:

About the Author:
Simpson Thacher & Bartlett LLP has one of the most dynamic and successful international arbitration practices in the world. Litigators in the firm act as counsel and arbitrator in international arbitrations under all of the major international arbitration rules, including the ICC, AAA, LCIA and UNCITRAL arbitration rules. The firm represents major multinational corporations in significant arbitrations – conducted in English, French, Spanish, German and Dutch – in Geneva, Paris, London, Amsterdam, Hong Kong, Buenos Aires, New York and Washington. The Firm is consistently identified as one of the leading international arbitrations firms in the world, and its litigators are repeatedly profiled among the world’s leading international arbitration lawyers.

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Originally from: Comparison of International Arbitration Rules - 3rd Edition

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Appendix - Comparison of International Arbitration Rules - 3rd Edition

Simpson Thacher & Bartlett LLP

ICC RULES OF ARBITRATION

Introductory Provisions

Article 1

International Court of Arbitration

1. The International Court of Arbitration (the “Court”) of the International Chamber of
Commerce (the “ICC”) is the arbitration body attached to the ICC. The statutes of the
Court are set forth in Appendix 1. Members of the Court are appointed by the Council of
the ICC. The function of the Court is to provide for the settlement by arbitration of
business disputes of an international character in accordance with the Rules of
Arbitration of the International Chamber of Commerce (the “Rules”). If so empowered
by an arbitration agreement, the Court shall also provide for the settlement by arbitration
in accordance with these Rules of business disputes not of an international character.

2. The Court does not itself settle disputes. It has the function of ensuring the application of
these Rules. It draws up its own Internal Rules (Appendix II).

3. The Chairman of the Court, or, in the Chairman’s absence or otherwise at his request,
one of its Vice-Chairman shall have the power to take urgent decisions on behalf of the
Court, provided that any such decision is reported to the Court at its next session.

4. As provided for in its Internal Rules, the Court may delegate to one or more committees
composed of its members the power to take certain decisions, provided that any such
decision is reported to the Court at its next session.

5. The Secretariat of the Court (the “Secretariat”) under the direction of its Secretary
General (the “Secretary General”) shall have its seat at the headquarters of the ICC.

Article 2

Definitions

In these Rules:

(i) “Arbitral Tribunal” includes one or more arbitrators.

(ii) “Claimant” includes one or more claimants and “Respondent” includes one or more
respondents.

(iii) “Award” includes, inter alia, an interim, partial or final Award.

Table of Contents:

1 ARBITRATION CLAUSE
Model Clause
Effect of Arbitration Clause/Application of Rules

2 COMMENCEMENT OF ARBITRATION
Notice or Request for Arbitration
Answer and Counterclaims/Reply
Registration Fee/Advance on Costs
Consolidation

3 CONSTITUTION OF THE ARBITRAL TRIBUNAL
Number of Arbitrators
Nationality/Qualifications of Arbitrators
Disclosure by Arbitrators
Appointment of Arbitrators
Challenge of Arbitrators
Replacement of Arbitrators
Truncated Tribunals
Compensation of Arbitrators
Communications Between Parties and Arbitrators
Liability of Arbitrators/Arbitral Institutions

4 GENERAL CONDITIONS
Notices and Communications/Calculation of Periods of Time
Place of Arbitration
Language/Translations
Representation and Assistance
Confidentiality/Privacy

5 PRELIMINARY ISSUES
Jurisdictional Issues
Applicable Substantive Law
Punitive Damages

6 ARBITRAL PROCEEDINGS
Transmission of File to Arbitrators
Conduct of Proceedings Generally/Applicable Procedural Law
Procedural Rulings
Expedited Proceedings
Terms of Reference/Procedural Timetable/Pre-Hearing Conference
Statement of Claim
Statement of Defense/Counterclaims/Reply
Amendments to Claims/Defenses
Further Written Statements
Time Limits
Disclosure/Discovery
Hearings
Evidence
Witnesses
Experts
Interim Measures
Emergency Interim Measures
Default
Waiver of Rules
Closure of Hearings or Proceedings

7 ARBITRAL DECISIONS/AWARDS
Time Limits for Award
Quorum/Dissents
Place, Form, Notification and Effect of Award
Currency of Award/Interest
Determination and Allocation of Arbitration Costs
Correction, Interpretation or Supplementation of Award
Settlement/Other Termination
Recourse Against Award

INDEX

APPENDIX

International Chamber of Commerce ("ICC") Arbitration Rules
AAA/ICDR International Arbitration Rules
London Court of International Arbitration ("LCIA") Rules
Stockholm Chamber of Commerce ("SCC") Arbitration Rules
International Center for the Settlement of Investment Disputes ("ICSID") Arbitration Rules
United Nations Commission on International Trade Law ("UNCITRAL") Arbitration Rules
Center For Public Resources ("CPR") International Arbitration Rules