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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)

The Arbitral Tribunal

Article 9 - Appointment and Confirmation of the Arbitrators

1. In confirming or appointing arbitrators, the Court shall consider the prospective arbitrator's nationality, residence and other relationships with the countries of which the parties or the other arbitrators are nationals and the prospective arbitrator's availability and ability to conduct the arbitration in accordance with these Rules. The same shall apply where the Secretary General confirms arbitrators pursuant to Article 9(2).

2. The Secretary General may confirm as co-arbitrators, sole arbitrators and chairmen of Arbitral Tribunals persons nominated by the parties or pursuant to their particular agreements, provided they have filed a statement of independence without qualification or a qualified statement of independence has not given rise to objections. Such confirmation shall be reported to the Court at its next session. If the Secretary General considers that a co-arbitrator, sole arbitrator or chairman of an Arbitral Tribunal should not be confirmed, the matter shall be submitted to the Court.

3. Where the Court is to appoint a sole arbitrator or the chairman of an Arbitral Tribunal, it shall make the appointment upon a proposal of a National Committee of the ICC that it considers to be appropriate. If the Court does not accept the proposal made, or if the National Committee fails to make the proposal requested within the time limit fixed by the Court, the Court may repeat its request or may request a proposal from another National Committee that it considers to be appropriate.

4. Where the Court considers that the circumstances so demand, it may choose the sole arbitrator or the chairman of the Arbitral Tribunal from a country where there is no National Committee, provided that neither of the parties objects within the time limit fixed by the Court.

5. The sole arbitrator or the chairman of the Arbitral Tribunal shall be of a nationality other than those of the parties. However, in suitable circumstances and provided that neither of the parties objects within the time limit fixed by the Court, the sole arbitrator or the chairman of the Arbitral Tribunal may be chosen from a country of which any of the parties is a national.

6. Where the Court is to appoint an arbitrator on behalf of a party which has failed to nominate one, it shall make the appointment upon a proposal of the National Committee of the country of which that party is a national. If the Court does not accept the proposal made, or if the National Committee fails to make the proposal requested within the time limit fixed by the Court, or if the country of which the said party is a national has no National Committee, the Court shall be at liberty to choose any person whom it regards as suitable. The Secretariat shall inform the National Committee, if one exists, of the country of which such person is a national.


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