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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 6 - Effect of the Arbitration Agreement

1. Where the parties have agreed to submit to arbitration under the Rules, they shall be deemed to have submitted ipso facto to the Rules in effect on the date of commencement of the arbitration proceedings, unless they have agreed to submit to the Rules in effect on the date of their arbitration agreement.

2. If the Respondent does not file an Answer, as provided by Article 5, or if any party raises one or more pleas concerning the existence, validity or scope of the arbitration agreement, the Court may decide, without prejudice to the admissibility or merits of the plea or pleas, that the arbitration shall proceed if it is prima facie satisfied that an arbitration agreement under the Rules may exist. In such a case, any decision as to the jurisdiction of the Arbitral Tribunal shall be taken by the Arbitral Tribunal itself. If the Court is not so satisfied, the parties shall be notified that the arbitration cannot proceed. In such a case, any party retains the right to ask any court having jurisdiction whether or not there is a binding arbitration agreement.

3. If any of the parties refuses or fails to take part in the arbitration or any stage thereof, the arbitration shall proceed notwithstanding such refusal or failure.

4. Unless otherwise agreed, the Arbitral Tribunal shall not cease to have jurisdiction by reason of any claim that the contract is null and void or allegation that it is non-existent, provided that the Arbitral Tribunal upholds the validity of the arbitration agreement. The Arbitral Tribunal shall continue to have jurisdiction to determine the respective rights of the parties and to adjudicate their claims and pleas even though the contract itself may be non-existent or null and void.


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