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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 Proceedings

Article 18

Terms of Reference; Procedural Timetable

1. As soon as it has received the file from the Secretariat, the Arbitral Tribunal shall draw up, on the basis of documents or in the presence of the parties and in the light of their most recent submissions, a document defining its Terms of Reference. This document shall include the following particulars:

(a) the full names and descriptions of the parties;

(b) the addresses of the parties to which notifications and communications arising in the course of the arbitration may be made;

(c) a summary of the parties' respective claims and of the relief sought by each party, with an indication to the extent possible of the amounts claimed or counterclaimed;

(d) unless the Arbitral Tribunal considers it inappropriate, a list of issues to be determined;

(e) the full names, descriptions and addresses of the arbitrators;

(f) the place of the arbitration; and

(g) particulars of the applicable procedural rules and, if such is the case, reference to the power conferred upon the Arbitral Tribunal to act as amiable compositeur or to decide ex aequo et bono.

2. The Terms of Reference shall be signed by the parties and the Arbitral Tribunal. Within two months of the date on which the file has been transmitted to it, the Arbitral Tribunal shall transmit to the Court the Terms of Reference signed by it and by the parties. The Court may extend this time limit pursuant to a reasoned request from the Arbitral Tribunal or on its own initiative if it decides it is necessary to do so.

3. If any of the parties refuses to take part in the drawing up of the Terms of Reference or to sign the same, they shall be submitted to the Court for approval. When the Terms of Reference have been signed in accordance with Article 18(2) or approved by the Court, the arbitration shall proceed.

4. When drawing up the Terms of Reference, or as soon as possible thereafter, the Arbitral Tribunal, after having consulted the parties, shall establish in a separate document a provisional timetable that it intends to follow for the conduct of the arbitration and shall communicate it to the Court and the parties. Any subsequent modifications of the provisional timetable shall be communicated to the Court and the parties.


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