When I first wrote a chapter on this topic for the second edition of this book, the report entitled “Techniques for Controlling Time and Costs in Arbitration” had recently been published by the ICC Commission on Arbitration. I was a co-chairman1 of the ICC Commission task force that produced the report and I used that experience as well as my experience as arbitrator and counsel to inform the ideas that I expressed in the chapter.
There have been a number of developments in the ICC context in the last few years. First, the ICC has published its 2012 Rules of Arbitration. The drafting of those Rules was significantly influenced by the ‘Time and Costs’ report and a number of the principles that were set out in that report found their way into the new Rules.
Second, the ‘Time and Costs’ report itself has been updated2 to reflect new developments and thinking and to take into account the 2012 Rules. And third, the ICC Commission has produced a new report entitled “Effective Management of Arbitration: A Guide for In-House Counsel and Other Party Representatives”. This Guide picks up many of the themes from the “Time and Costs” reports and develops them into a series of topic sheets which give users of arbitration a cost / benefit analysis of many of the case management decisions that need to be taken through the course of typical international arbitration proceedings.