Lex Mercatoria

www.lexmercatoria.org

www.jus.uio.no/lm

  toc   scroll    txt   pdf   pdf    odt    A-Z  Document Manifest   home 
<< previous TOC next >>
< ^ >

(superseded) International Chamber of Commerce, Rules of Conciliation and Arbitration
(Old) Conciliation and amended Arbitration Rules in force as from January 1, 1988 until December 31, 1997

Standard ICC Arbitration Clause

Rules of Optional Conciliation

Preamble

[Preamble]

Article 1

Article 2

Article 3

Article 4

Article 5

Article 6

Article 7

Article 8

Article 9

Article 10

Rules of Arbitration

Article 1 - International Court Of Arbitration

Article 2 - The Arbitral Tribunal

Article 3 - Request for Arbitration

Article 4 - Answer to the Request

Article 5 - Counter-claim

Article 6 - Pleadings and Written Statements, Notifications or Communications

Article 7 - Absence of Agreement to Arbitrate

Article 8 - Effect of the Agreement to Arbitrate

Article 9 - Advance to Cover Costs of Arbitration

Article 10 - Transmission Of the File to the Arbitrator

Article 11 - Rules Governing the Proceedings

Article 12 - Place Of Arbitration

Article 13 - Terms of Reference

Article 14 - The Arbitral Proceedings

Article 15

Article 16

Article 17 - Award by Consent

Article 18 - Time-limit for Award

Article 19 - Award by Three Arbitrators

Article 20 - Decision as to Costs of Arbitration

Article 21 - Scrutiny of Award by the Court

Article 22 - Making of Award

Article 23 - Notification of Award to Parties

Article 24 - Finality and Enforceability Of Award

Article 25 - Deposit Of Award

Article 26 - General Rule

Appendix I - Statutes of the International Court of Arbitration

Article 1 - Appointment Of Members

Article 2 - Composition

Article 3 - Function and Powers

Article 4 - Deliberations and Quorum

Appendix II - Internal Rules of the International Court of Arbitration

Role of the international Court of Arbitration

Confidential Character of the Work of the international Court Of Arbitration

Participation of Members Of the international Court of Arbitration in ICC Arbitration

Relations between the Members of the Court and the ICC National Committees

Committee of the Court

Absence Of an Arbitration Agreement

Joinder of Claims in Arbitration Proceedings

Advances to Cover Costs of Arbitration

Arbitral awards: form

Arbitrators' fees

Appendix III - Schedule of Conciliation and Arbitration Costs

1. Costs of conciliation

2. Costs of arbitration

3. Advance on administration expenses

4. Appointment of arbitrators

5. Scales of administrative expenses and of arbitrator's fees

Metadata

SiSU Metadata, document information

Manifest

SiSU Manifest, alternative outputs etc.

(superseded) International Chamber of Commerce, Rules of Conciliation and Arbitration - (Old) Conciliation and amended Arbitration Rules in force as from January 1, 1988 until December 31, 1997

International Chamber of Commerce (ICC)

copy @ Lex Mercatoria

Rules of Arbitration

Article 13 - Terms of Reference

1. Before proceeding with the preparation of the case, the arbitrator shall draw up, on the basis of the documents or in the presence of the parties and in the light of their most recent submissions, a document defining his Terms of Reference. This document shall include the following particulars:

(a) the full names and description of the parties,

(b) the addresses of the parties to which notifications or communications arising in the course of the arbitration may validly be made,

(c) a summary of the parties' respective claims,

(d) definition of the issues to be determined,

(e) the arbitrator's full name, description and address,

(f) the place of arbitration,

(g) particulars of the applicable procedural rules and, if such is the case, reference to the power conferred upon the arbitrator to act as amiable compositeur,

(h) such other particulars as may be required to make the arbitral award enforceable in law, or may be regarded as helpful by the international Court of Arbitration or the arbitrator.

2. The document mentioned in paragraph 1 of this Article shall be signed by the parties and the arbitrator. Within two months of the date when the file has been transmitted to him. the arbitrator shall transmit to the Court the said document signed by himself and by the parties. The Court may, pursuant to a reasoned request from the arbitrator or if need be on its own initiative, extend this time-limit if it decides it is necessary to do so.

Should one of the parties refuse to take part in the drawing up of the said document or to sign the same, the Court, if it is satisfied that the case is one of those mentioned in paragraphs 2 and 3 of Article 8, shall take such action as is necessary for its approval. Thereafter the Court shall set a time-limit for the signature of the statement by the defaulting party and on expiry of that time-limit the arbitration shall proceed and the award shall be made.

3. The parties shall be free to determine the law to be applied by the arbitrator to the merits of the dispute. In the absence of any indication by the parties as to the applicable law, the arbitrator shall apply the law designated as the proper law by the rule of conflict which he deems appropriate.

4. The arbitrator shall assume the powers of an amiable compositeur if the parties are agreed to give him such powers.

5. In all cases the arbitrator shall take account of the provisions of the contract and the relevant trade usages.


  toc   scroll    txt   pdf   pdf    odt    A-Z  Document Manifest   home 
<< previous TOC next >>
< ^ >

Lex Mercatoria -->

( International Trade/Commercial Law & e-Commerce Monitor )

W3 since October 3 1993
1993 - 2010

started @The University of Tromsø, Norway, 1993
hosted by The University of Oslo, Norway, since 1998
in fellowship with The Institute of International Commercial Law,
Pace University, White Plains, New York, U.S.A.

Disclaimer!

© 

Ralph Amissah




Lex Mercatoria