2012 Icc Rules

The Court itself does not rule on disputes. It administers the settlement of disputes by arbitral tribunals in accordance with the ICC Arbitration Rules (the “Rules”). The Court of Justice is the only body empowered to conduct arbitration proceedings under the Rules, including the review and approval of arbitral awards rendered in accordance with the Rules. It shall draw up its own internal rules, as set out in Annex II (`the internal rules`). (1) The fee schedules for administrative costs and arbitrators` fees set out below shall apply from 1 January 2012 to all arbitration proceedings commenced on or after that date, regardless of the version of the Rules applicable to such arbitration. With the response, the defendant may submit any other document or information that it deems appropriate or that can contribute to the effective resolution of the dispute. (2) The Secretariat may grant the respondent an extension of the time limit for filing the reply, provided that the request for extension contains the respondent`s observations or proposals on the number of arbitrators and their selection and, if required by articles 12 and 13, on the appointment of an arbitrator. If the defendant fails to do so, the Court shall rule in accordance with the conditions laid down in the Rules of Procedure. 3. The reply shall be sent to the Secretariat in a number of copies referred to in Article 3(1). 4. The Secretariat shall transmit the reply and the accompanying documents to all other Parties. (5) All counterclaims of the defendant shall be filed with the reply and shall contain: (a) a description of the nature and circumstances of the dispute giving rise to the counterclaims and the basis on which the counterclaims are made; (b) a list of the remedy sought, together with the amounts of any quantified counterclaim and, if possible, an estimate of the monetary value of any other counterclaim; (c) all relevant agreements, in particular the arbitration agreement(s); and (d) where counterclaims are made under more than one arbitration agreement, an indication of the arbitration agreement under which each counterclaim is made.

The respondent may provide counterclaims with any other document or information that it considers appropriate or that may contribute to the effective resolution of the dispute. (6) The claimant shall submit a response to each counterclaim within 30 days of receipt of the counterclaim notified by the Secretariat. Before transmitting the file to the arbitral tribunal, the Secretariat may grant the claimant an extension of the time limit for the submission of the reply. Article 21: Applicable Rules of Law (1) The parties are free to agree on the rules of law to be applied by the arbitral tribunal on the merits. In the absence of such an agreement, the arbitral tribunal shall apply such rules of law as it deems appropriate. (2) The arbitral tribunal shall take into account all provisions of the contract between the parties and all relevant business practices. (3) The arbitral tribunal shall not assume the powers of a friendly composition or decide ex aequo et bono unless the parties have agreed to confer such powers on it. Below is a full version of the ICC Arbitration Rules (2012) and has been translated into 32 different languages. Individual articles can be accessed by clicking on the grid below.

Article 1: Request for Emergency Measures (1) A party wishing to request an emergency arbitration under Article 29 of the ICC Arbitration Rules (the “Rules”) shall submit its request for emergency measures (the “Request”) to the Secretariat of one of the offices listed in the Rules of Procedure of the Court of Justice in Annex II to the Rules of Procedure. (2) The request shall be made in a number of copies sufficient to provide one copy for each party, one for the emergency arbitrator and one for the secretariat. The application may contain other documents or information that the applicant considers appropriate or that may contribute to the effective review of the application. 4. The request shall be made in the language of the arbitration if the parties have agreed to do so or, in the absence of such an agreement, in the language of the arbitration agreement. (5) If, and in so far as the President of the Court (the “President”) considers, on the basis of the information contained in the application, that the provisions on emergency arbitration apply by reference to Article 29(5) and Article 29(6) of the Rules of Procedure, the Secretariat shall send a copy of the application and the documents accompanying it to the defendant. If and to the extent that the President disagrees, the Secretariat shall inform the parties that urgent arbitration will not take place in respect of all or some of the parties and shall send them a copy of the request for information. (6) The President shall terminate the emergency arbitration if the Secretariat has not been received by the Secretariat within 10 days of receipt of the request, unless the urgent arbitrator determines that a longer period is necessary. Article 4: Request for Arbitration (1) A party wishing to seek arbitration under the Rules of Procedure shall submit its request for arbitration (the “Request”) to the Secretariat of one of the bodies referred to in the Rules of Procedure. The secretariat shall inform the applicant and the respondent of the receipt of the application and the date of receipt.

2. The date on which the request is received by the Secretariat shall be deemed for all intents and purposes to be the date of commencement of the arbitration.