ICC 2012 Arbitration and ADR Rules (In force as from 1 January 2012)

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  Rules of Arbitration of the International Chamber of Commerce (In force as from 1 January 2012)

• Article 1 International Court of Arbitration

• Article 2 Definitions

• Article 3 Written Notifications or Communications; Time Limits

• Article 4 Request for Arbitration

• Article 5 Answer to the Request; Counterclaims

• Article 6 Effect of the Arbitration Agreement

• Article 7 Joinder of Additional Parties

• Article 8 Claims Between Multiple Parties

• Article 9 Multiple Contracts

• Article 10 Consolidation of Arbitrations

• Article 11 General Provisions

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  Article 12 Constitution of the Arbitral Tribunal

• Number of Arbitrators

• Sole Arbitrator

• Three Arbitrators

• Article 13 Appointment and Confirmation of the Arbitrators

• Article 14 Challenge of Arbitrators

• Article 15 Replacement of Arbitrators

• Article 16 Transmission of the File to the Arbitral Tribunal

• Article 17 Proof of Authority

• Article 18 Place of the Arbitration

• Article 19 Rules Governing the Proceedings

• Article 20 Language of the Arbitration

• Article 21 Applicable Rules of Law

• Article 22 Conduct of the Arbitration

• Article 23 Terms of Reference

• Article 24 Case Management Conference and Procedural Timetable

• Article 25 Establishing the Facts of the Case

• Article 26 Hearings

• Article 27 Closing of the Proceedings and Date for Submission of Draft Awards

• Article 28 Conservatory and Interim Measures

• Article 29 Emergency Arbitrator

• Article 30 Time Limit for the Final Award

• Article 31 Making of the Award

• Article 32 Award by Consent

• Article 33 Scrutiny of the Award by the Court

• Article 34 Notification, Deposit and Enforceability of the Award

• Article 35 Correction and Interpretation of the Award; Remission of Awards

• Article 36 Advance to Cover the Costs of the Arbitration

• Article 37 Decision as to the Costs of the Arbitration

• Article 38 Modified Time Limits

• Article 39 Waiver

• Article 40 Limitation of Liability

• Article 41 General Rule

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  Statutes of the International Court of Arbitration

• 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

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  Internal Rules of the International Court of Arbitration

• 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 and Groups

• Article 4 Committee of the Court

• Article 5 Court Secretariat

• Article 6 Scrutiny of Arbitral Awards

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  Arbitration Costs and Fees

• Article 1 Advance on Costs

• Article 2 Costs and Fees

• Article 3 ICC as Appointing Authority

• Article 4 Scales of Administrative Expenses and Arbitrator's Fees

• A Administrative Expenses

• B Arbitrator's Fees

• A Administrative Expenses

• B Arbitrator's Fees

• Case Management Techniques

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  Emergency Arbitrator Rules

• Article 1 Application for Emergency Measures

• Article 2 Appointment of the Emergency Arbitrator; Transmission of the File

• Article 3 Challenge of an Emergency Arbitrator

• Article 4 Place of the Emergency Arbitrator Proceedings

• Article 5 Proceedings

• Article 6 Order

• Article 7 Costs of the Emergency Arbitrator Proceedings

• Article 8 General Rule

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  ADR Rules of the International Chamber of Commerce In force as from 1 July 2001

• Preamble

• Article 1 Scope of the ICC ADR Rules

• Article 2 Commencement of the ADR Proceedings

• Article 3 Selection of the Neutral

• Article 4 Fees and Costs

• Article 5 Conduct of the ADR Procedure

• Article 6 Termination of the ADR Proceedings

• Article 7 General Provisions

Authentic text

ARBITRATION AND ADR RULES
(In force as from 1 January 2012)

This booklet contains two discrete but complementary dispute resolution procedures offered by the International Chamber of Commerce (ICC). Arbitration under the ICC Rules of Arbitration is a formal procedure leading to a binding decision from a neutral arbitral tribunal, susceptible to enforcement pursuant to both domestic arbitration laws and international treaties such as the New York Convention. ADR (amicable dispute resolution) under the ICC ADR Rules aims to facilitate a negotiated settlement with the assistance of an independent neutral. The default procedure under the ADR Rules is mediation, but the provisions also encompass conciliation, neutral evaluation and a variety of combinations of these and other techniques.

Both sets of Rules provide for administered procedures, which require parties to file an application with the International Court of Arbitration ("the Court") (for arbitration) or the International Centre for ADR ("the Centre") (for ADR) as appropriate. The Court and the Centre respectively are the only bodies empowered to administer these Rules, thereby affording parties the benefit of the experience, expertise and professionalism of a leading international dispute resolution provider.

Parties wishing to have recourse to ICC dispute resolution are encouraged to include an appropriate dispute resolution clause in their agreements. For this purpose, standard clauses are proposed, which parties may adapt to their particular needs and circumstances. Examples of recommended clauses can be found at the end of this booklet.

These Rules respond to today's business needs. The 2012 Rules of Arbitration remain faithful to the ethos, and retain the essential features, of ICC arbitration, while adding new provisions to address such matters as disputes involving multiple contracts and parties; updated case management procedures; the appointment of an emergency arbitrator to order urgent measures; and changes to facilitate the handling of disputes arising under investment treaties and free trade agreements.

Both sets of Rules define a structured, institutional framework intended to ensure transparency, efficiency and fairness in the dispute resolution process while allowing parties to exercise their choice over many aspects of procedure. They are published together in this booklet in answer to the growing demand for a holistic approach to dispute resolution techniques.

Drafted by dispute resolution specialists and corporate users from different legal traditions, cultures and professions, these Rules are applicable to disputes between parties in any part of the world, whether or not members of ICC. They are intended for use worldwide in proceedings conducted in any language and subject to any law.

For the convenience of users, the Rules are available in several languages and they may be downloaded from the relevant ICC webpages.