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International Court of Arbitration Rules of Arbitration in force as from 1 January 1998

Foreword

Standard ICC Arbitration Clause

Rules of Arbitration of the International Chamber of Commerce (in force as from 1 January 1998)

Introductory Provisions

Article 1 - International Court of Arbitration

Article 2 - Definitions

Article 3 - Written Notifications or Communications; Time Limits

Commencing the Arbitration

Article 4 - Request for Arbitration

Article 5 - Answer to the Request; Counterclaims

Article 6 - Effect of the Arbitration Agreement

The Arbitral Tribunal

Article 7 - General Provisions

Article 8 - Number of Arbitrators

Article 9 - Appointment and Confirmation of the Arbitrators

Article 10 - Multiple Parties

Article 11 - Challenge of Arbitrators

Article 12 - Replacement of Arbitrators

The Arbitral Proceedings

Article 13 - Transmission of the File to the Arbitral Tribunal

Article 14 - Place of the Arbitration

Article 15 - Rules Governing the Proceedings

Article 16 - Language of the Arbitration

Article 17 - Applicable Rules of Law

Article 18

Article 19 - New Claims

Article 20 - Establishing the Facts of the Case

Article 21 - Hearings

Article 22 - Closing of the Proceedings

Article 23 - Conservatory and Interim Measures

Awards

Article 24 - Time Limit for the Award

Article 25 - Making of the Award

Article 26 - Award by Consent

Article 27 - Scrutiny of the Award by the Court

Article 28 - Notification, Deposit and Enforceability of the Award

Article 29 - Correction and Interpretation of the Award

Costs

Article 30 - Advance to Cover the Costs of the Arbitration

Article 31 - Decision as to the Costs of the Arbitration

Miscellaneous

Article 32 - Modified Time Limits

Article 33 - Waiver

Article 34 - Exclusion of Liability

Article 35 - General Rule

Appendix I - Statutes of the International Court of Arbitration of the ICC

Article 1 - Function

Article 2 - Composition of the Court

Article 3 - Appointment

Article 4 - Plenary Session of the Court

Article 5 - Committees

Article 6 - Confidentiality

Article 7 - Modification of the Rules of Arbitration

Appendix II - Internal Rules of the International Court of Arbitration of the ICC

Article 1 - Confidential Character of the Work of the International Court of Arbitration

Article 2 - Participation of Members of the International Court of Arbitration in ICC Arbitration

Article 3 - Relations between the Members of the Court and the ICC National Committees

Article 4 - Committee of the Court

Article 5 - Court Secretariat

Article 6 - Scrutiny of Arbitral Awards

Appendix III - Arbitration Costs and Fees

Article 1 - Advance on Costs

Article 2 - Costs and Fees

Article 3 - Appointments of Arbitrators

Article 4 - Scales of Administrative Expenses and Arbitrator's Fees

A. Administrative Expenses

B. Arbitrator's Fees

Examples for illustrative purposes only

Metadata

SiSU Metadata, document information

Manifest

SiSU Manifest, alternative outputs etc.

ICC - International Chamber of Commerce Arbitration Rules 1998 - (these rules came into effect on 1 January 1998)

International Chamber of Commerce (ICC)

copy @ Lex Mercatoria

Rules of Arbitration of the International Chamber of Commerce (in force as from 1 January 1998)

Commencing the Arbitration

Article 4 - Request for Arbitration

1. A party wishing to have recourse to arbitration under these Rules shall submit its Request for Arbitration (the "Request") to the Secretariat, which shall notify the Claimant and Respondent of the receipt of the Request and the date of such receipt.

2. The date on which the Request is received by the Secretariat shall, for all purposes, be deemed to be the date of the commencement of the arbitral proceedings.

3. The Request shall, inter alia, contain the following information:

(a) the name in full, description and address of each of the parties;

(b) a description of the nature and circumstances of the dispute giving rise to the claim(s);

(c) a statement of the relief sought, including, to the extent possible, an indication of any amount(s) claimed;

(d) the relevant agreements and, in particular, the arbitration agreement;

(e) all relevant particulars concerning the number of arbitrators and their choice in accordance with the provisions of Articles 8, 9 and 10, and any nomination of an arbitrator required thereby; and

(f) any comments as to the place of arbitration, the applicable rules of law and the language of the arbitration.

4. Together with the Request, the Claimant shall submit the number of copies thereof required by Article 3(1) and shall make the advance payment on administrative expenses required by Appendix III ("Arbitration Costs and Fees") in force on the date the Request is submitted. In the event that the Claimant fails to comply with either of these requirements, the Secretariat may fix a time limit within which the Claimant must comply, failing which the file shall be closed without prejudice to the right of the Claimant to submit the same claims at a later date in another Request.

5. The Secretariat shall send a copy of the Request and the documents annexed thereto to the Respondent for its Answer to the Request once the Secretariat has sufficient copies of the Request and the required advance payment.

6. When a party submits a Request in connection with a legal relationship in respect of which arbitration proceedings between the same parties are already pending under these Rules, the Court may, at the request of a party, decide to include the claims contained in the Request in the pending proceedings provided that the Terms of Reference have not been signed or approved by the Court. Once the Terms of Reference have been signed or approved by the Court, claims may only be included in the pending proceedings subject to the provisions of Article 19.


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