Originally from World Arbitration Reporter (WAR) - 2nd Edition

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ICC INTERNATIONAL COURT OF ARBITRATION

Jason A. Fry∗

I. BASIC INFORMATION

A. History and Background of the Institution

The International Court of Arbitration (“the Court”) was created in 1923 as the arbitration body of the International Chamber of Commerce (“ICC”), an international business organization independent of any State or government. The founders of ICC considered international dispute resolution to be essential to the growth of international trade as a source of world peace. The dispute resolution services initially offered by ICC consisted of conciliation and arbitration. They have since expanded and now encompass amicable dispute resolution of all kinds, expertise and Dispute Boards. Arbitration, however, remains the prime service.

Underlying each of ICC’s dispute resolution services is a set of rules defining and regulating the conduct of the proceedings. The Rules of Arbitration are the oldest: since they were first launched in 1922, they have undergone successive changes to keep them attuned to developments in business needs and arbitration law and practice, without losing their distinctive characteristics. The current version of the ICC Rules of Arbitration (“the Rules”) dates from 1 January 1998. A process of revision has been initiated within the ICC Commission on Arbitration. Following widespread consultations both within and outside ICC, a committee has begun preparing amendments to the current Rules, with a view to reform in 2010.

Although part of ICC, the International Court of Arbitration is an autonomous body, with its own statutes and internal rules. Its function is to apply the procedure set out in the ICC Rules of Arbitration to the resolution of disputes submitted to ICC. For this purpose it meets every week throughout the year to make all necessary decisions. These decisions are of an administrative nature and concern such matters as the appointment of arbitrators, challenges against arbitrators, the place of arbitration, the approval of awards and the fixing of costs. In short, the Court’s role is to ensure the progress, integrity, neutrality and quality of the arbitration process.