The award shall state the reasons upon which it is based. There should not be a concern about privacy on account of the numbers involved. Secrecy is used here to refer jointly to the terms privacy and confidentiality. This is a Microsoft SharePoint cookie for internal use of the application. 10 (2011). This cookie is installed by Google Analytics. It is, however, unequal when there has been no default. 3) A cookie generated by the Application load AWS ELB (Elastic Load Balancer) - Used for managing sticky sessions across production servers. 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 the Rules. I, No. This strict interpretation is based on § 1026 of the German Code of Civil Procedure (“GCCP”), which provides that no court shall intervene except where so provided in the tenth book of the GCCP, which refers to arbitration and codifies the UNCITRAL Model Law. 5) Int’l Chamber of Commerce Rules of Arbitration art. c) a description of the nature and circumstances of the dispute giving rise to the claims and of the basis upon which the claims are made; By agreeing to arbitration under the Rules, the parties agree that this Article 30 and the Expedited Procedure Rules set forth in Appendix VI (collectively the “Expedited Procedure Provisions”) shall take precedence over any contrary terms of the arbitration agreement. 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 claimant’s right to submit the same claims at a later date in another Request. Each party shall pay its share of the total advance on costs in cash. 9Garth Schofield, The 2010 UNCITRAL Arbitration Rules: Changes and Implications for Practice 5 (Mar. e) any relevant agreements and, in particular, the arbitration agreement(s); Violation of domestic or foreign procedural law is insufficient in this regard. 130Nacimiento, supra note 125, at 284; Bundesgericht [BGer] [Federal Supreme Court] Feb. 26, 1982, 108 Arrêts du Tribunal Fédéral Suisse [ATF] Ib 85, 4(a) (Switz.). 20 Only a few offer solutions for consolidation. 112Id. b) the addresses to which notifications and communications arising in the course of the arbitration may be made; 1) In deciding on such a Request for Joinder, the arbitral tribunal shall take into account all relevant circumstances, which may include whether the arbitral tribunal has prima facie jurisdiction over the additional party, the timing of the Request for Joinder, possible conflicts of interests and the impact of the joinder on the arbitral procedure. Where the parties have agreed that the dispute shall be resolved by three arbitrators, each party shall nominate in the Request and the Answer, respectively, one arbitrator for confirmation. In most related cases before the ICC, the parties either agree on consolidation 23 or raise claims together from the outset. 7) Mar. 5) The arbitral tribunal may request the parties to submit case management proposals in advance of a case management conference and may request the attendance at any case management conference of the parties in person or through an internal representative. The provisional advance fixed by the Secretary General according to Article 37(1) of the Rules shall normally not exceed the amount obtained by adding together the ICC administrative expenses, the minimum of the fees (as set out in the scale hereinafter) based upon the amount of the claim and the expected reimbursable expenses of the arbitral tribunal incurred with respect to the drafting of the Terms of Reference or the holding of the case management conference. § 1046(3). 11See, e.g., Stavros L. Brekoulakis, Third Parties in International Commercial Arbitration 108–09 (2010); Bernard Hanotiau, Complex Arbitrations: Multiparty, Multicontract, Multi-issue and Class Actions 179 (2005); Simon Greenberg, José Ricardo Feris & Christian Albanesi, Consolidation, Joinder, Cross-claims, Multiparty and Multicontract Arbitrations: Recent ICC Experience, in Multiparty Arbitration, Dossier VII, ICC Institute of World Business Law 161, 163 (2010); Michael F. Hoellering, Consolidated Arbitration: Will It Result in Increased Efficiency or an Affront to Party Autonomy?, 52 Disp. 4For verification and additional information, see Facts and Figures on ICC Arbitration: 2007 Statistical Report, ICC, (last visited Nov. 9, 2011); Facts and Figures on ICC Arbitration: 2008 Statistical Report, ICC, (last visited Nov. 9, 2011); Facts and Figures on ICC Arbitration–2009 Statistical Report, ICC, (last visited Nov. 9, 2011). c)       the President certifies to the Court that circumstances exist which, in the President’s opinion, make a direct appointment necessary and appropriate. The text appearing below is subject to editorial corrections ahead of the official launch of the Rules in December 2020. Similarly, additional parties are hardly members of the public when they become parties. Int’l 369, 391 (1998). Doctrines such as the group of companies doctrine were not accepted. For the purposes of this Appendix, members of the Court include the President and Vice-Presidents of the Court. The Secretariat shall inform the arbitral tribunal thereof. d)   where counterclaims are made under more than one arbitration agreement, an indication of the arbitration agreement under which each counterclaim is made. 145. Or, to put it another way, an advance waiver of equal treatment is not permissible. 28Int’l Chamber of Commerce Rules of Arbitration art. Mar. For verification and additional information, see, Erik Schäfer, Herman Verbist & Christophe Imhoos, ICC Arbitration in Practice 13. This analysis will follow Philippe Giliéron and Luc Pittet, who define consolidation as the act or process of uniting into one case several independent proceedings that are pending or have been initiated. In the absence of such nomination, the sole arbitrator shall be appointed by the Court within as short a time as possible. 79Yves Derains & Eric A. Schwartz, A Guide to the ICC Rules of Arbitration 74 (2d ed. Lew, Mistelis & Kröll, supra note 41, at 408. The President shall terminate the emergency arbitrator proceedings if a Request for Arbitration has not been received by the Secretariat from the applicant within 10 days of the Secretariat’s receipt of the Application, unless the emergency arbitrator determines that a longer period of time is necessary. See id. In the event of the withdrawal of all claims or the termination of the arbitration before the rendering of a final award, the Court shall fix the fees and expenses of the arbitrators and the ICC administrative expenses. Used to signal the last time a visitor viewed a page. 1) In the President’s absence or otherwise where the President is unable to act, they are appointed by a Vice-President at the request of the Secretary General or the Deputy Secretary General of the Court. Such person will not receive any material documentation or information pertaining to such proceedings. The Emergency Arbitrator Provisions shall not apply if: a)   the arbitration agreement under the Rules was concluded before 1 January 2012; 1) ICC Arbitration Rules 2020 Revision Joinder and Consolidation Third Party Funding Expedited Proceedings Power of Tribunal to limit new counsel Thursday 3rd December 2020 4.30 pm – 6.30 pm CET Registration: A party that has already paid in full its share of the advance on costs fixed by the Court may, in accordance with Article 37(5) of the Rules, pay the unpaid portion of the advance owed by the defaulting party by posting a bank guarantee. 2) Third Parties in International Commercial Arbitration, Complex Arbitrations: Multiparty, Multicontract, Multi-issue and Class Actions, Multiparty Arbitration, Dossier VII, ICC Institute of World Business Law, Civil Procedure: The Economics of Civil Procedure, Adolf Baumbach, Wolfgang Lauterbach, Jan Albers & Peter Hartmann, Kommentar zur Zivilprozessordnung mit Gerichtsverfassungsgesetz. This Article recognizes that the rules on multiple parties were intended to apply as guidelines and limitations on the provision on consolidation as well, thus creating more of the desired limits. Such notification or communication may be made by delivery against receipt, registered post, courier, email, or any other means of telecommunication that provides a record of the sending thereof.

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