New ICC Rules of Arbitration

Aiming to Improve Arbitration Proceedings

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In 2008, the International Chamber of Commerce (ICC) integrated a Task Force composed of 175 arbitration professionals and users from 41 countries, to revise the 1998 version of the Rules of Arbitration. After a long process, the new Rules were approved in Mexico City by the ICC World Council and will be in force as from January 1st 2012.

About every 10 years, the ICC reviews the Rules of Arbitration with the aim of updating them and for better serving the users’ needs. At this time the modifications pursued three main objectives: (i) adapting the Rules to the growing complexity of disputes and to the need for obtaining urgent interim remedies; (ii) reducing time and costs in arbitration; and (iii) making the Rules more amenable for use in investment arbitrations.

The new Rules maintain the flexibility of the proceeding and the distinctive features of ICC arbitration, such as the drafting of the terms of reference and the scrutiny of the award. Also, the new Rules codified the existing practices for complex arbitrations, already applied by the ICC Secretariat.

The main modifications consisted in:

  • The emergency arbitrator was introduced, who may be appointed at the request of a party applying for urgent interim or conservatory measures that cannot await the constitution of the arbitral tribunal (article 29 and Appendix V).
  • A party wishing to join an additional party to the arbitration shall submit its request after the confirmation or appointment of any arbitrator, unless all parties, including the additional party, otherwise agree (article 7).
  • In a multiple party arbitration, claims may be made by any party against any other party (article 8).
  • Claims arising out of multiple contracts may be made in a single arbitration (article 9).
  • The Court of Arbitration may consolidate two or more pending arbitrations into a single arbitration, under certain circumstances (article 10).
  • Any question of jurisdiction will be decided by the arbitral tribunal, unless the Secretary General refers the matter to the Court of Arbitration for its decision (article 6).
  • Even the independence requisite was considered implicit, now it is expressly provided that every arbitrator must be and remain impartial and independent. Before appointment or confirmation, it is required that the prospective arbitrator signs a statement of acceptance, availability, impartiality, and independence (article 11).
  • In some cases, the Court of Arbitration may appoint arbitrators directly, without requesting a proposal form a National Committee (article 13).
  • The arbitral tribunal and the parties shall make every effort to conduct the arbitration in an expeditious and cost-effective manner (article 22 and Appendix IV).

The full text of the ICC Rules of Arbitration, version 2012 may be consulted at: www.iccwbo.org

For further information, please contact your principal Firm representative or one of the Partners listed below.

Mexico City Office

Lic. Fernando del Castillo (Partner)
Lic. Carlos Olvera F. (Partner)
Lic. Cecilia Flores R. (Associate)
Tel.: +52 55 5279.5400
Fax: +52 55 5280.7840 / 5280.1375