Purpose and Scope
The International Chamber of Commerce (ICC) published its latest Rules of Arbitration in 2021. The Rules govern arbitrations administered by the ICC International Court of Arbitration and are intended to provide a modern, flexible, and efficient framework for resolving international disputes. They apply when the parties expressly incorporate the 2021 Rules in their arbitration agreement or when the ICC is chosen as the administering institution.
Key Changes Compared with the 2017 Rules
- Expedited Procedure: A streamlined track for claims under USD 2million (or equivalent) is now optional, with a maximum of three arbitrators.
- Emergency Arbitration: The Rules introduce clear provisions for the appointment of an emergency arbitrator and for the enforcement of emergency awards.
- MultiTiered Approach: A new twotier procedure allows parties to first seek a fasttrack decision on preliminary matters before proceeding to a full hearing.
- Document Production: Greater emphasis on proportionality and the possibility of document production orders without a separate tribunalappointed expert.
- Confidentiality: Explicit clauses affirm that the arbitration proceedings, the award, and any related documents are confidential unless otherwise agreed.
- digital hearings: The Rules acknowledge the increasing use of video conferencing and provide guidance on its conduct.
Structure of the 2021 Rules
| Part | Content |
|---|---|
| Part I | General provisions definitions, scope, and general principles. |
| Part II | Commencement of arbitration notice of arbitration, appointment of the tribunal. |
| Part III | Interim measures preserving evidence, interim relief, and security for costs. |
| Part IV | Conduct of the proceedings statements of claim, defense, evidence, hearings. |
| Part V | Recognition and enforcement applicable to the award and interim orders. |
| Part VI | Costs allocation of fees, expenses, and attorneys costs. |
| Part VII | Miscellaneous confidentiality, closure of the arbitration, and amendment of the Rules. |
Arbitration Procedure under the 2021 Rules
1. Commencement
The claimant sends a written notice of arbitration to the respondent and to the ICC Secretariat. The notice must contain a concise statement of the dispute, the relief sought, and the arbitration agreement.
2. Appointment of the Tribunal
Unless the parties have agreed on a specific method, the ICC Court appoints the arbitrators. For threemember tribunals, each party may nominate one arbitrator; the two nominated arbitrators then nominate the third. In the expedited track, the tribunal may consist of a sole arbitrator.
3. Preliminary Meeting
Within 30 days of its constitution, the tribunal holds a preliminary meeting (or conference) to decide on the timetable, the language of the proceedings, and any procedural orders, including document production.
4. Statements of Claim and Defense
The claimant files a statement of claim; the respondent replies with a defence and, if desired, a counterclaim. Both documents must be concise and identify the facts, legal basis, and relief sought.
5. Evidence and Hearings
Parties exchange witness statements, expert reports, and documentary evidence. Hearings may be conducted in person, via video conference, or a hybrid format, as agreed by the tribunal.
6. Awards
The tribunal renders a reasoned award in writing. Awards are final and binding, and the ICC Court will register and publish them (subject to confidentiality). The award may be with or without costs as determined by the tribunal.
7. Enforcement
Under the New York Convention, ICC awards are enforceable in over 160 jurisdictions. The 2021 Rules facilitate quick enforcement by requiring a certified copy of the award and a declaration of its authenticity.
Key Documents in an ICC Arbitration
- Arbitration Agreement the contract clause or separate agreement that designates the ICC as the administering institution.
- Notice of Arbitration initiates the process and triggers the ICCs administrative fees.
- Terms of Reference (TOR) prepared by the tribunal, outlining the issues, applicable law, and procedural timetable.
- Draft Award may be circulated for comments before the final award is issued.
- Certificate of Authenticity issued by the ICC Court to enable enforcement.
Conclusion
The 2021 ICC Rules of Arbitration reflect the evolving needs of international commerce. By incorporating streamlined procedures, robust emergency measures, and clear guidance on digital hearings, the Rules aim to deliver faster, more costeffective resolutions while preserving the high standards of fairness and independence that the ICC is known for. Parties that adopt the 2021 Rules can expect a modern arbitration experience that balances procedural flexibility with the certainty of an internationally recognised enforcement regime.
For a full text of the Rules, visit the ICC website.
