Other ICC Dispute Resolution Services
Pre-arbitral Referee
When a problem arises which requires urgent action and a final decision cannot be obtained from an arbitral tribunal or court in time, parties can apply to a pre-arbitral referee for urgent provisional measures relating to a dispute if they agreed so before in their contract. Measures the referee orders are binding until decided otherwise by a court or Arbitral Tribunal.
Rules of a Pre-Arbitral Referee Procedure
Appointing Authority for ad hoc arbitrations
Parties who decide to resolve their differences by way of ad hoc arbitration proceedings may call upon ICC for assistance in constituting the arbitral tribunal. When providing this service, ICC acts within the framework of a special set of rules covering both proceedings conducted under the UNCITRAL Arbitration Rules and non-UNCITRAL ad hoc proceedings. Under the Rules of ICC as appointing authority, the function of appointing authority is carried out by the ICC International Court of Arbitration.
Rules of ICC as Appointing Authority
A party wishing ICC to act as appointing authority in UNCITRAL or other ad hoc arbitration proceedings must send a request to:
The Secretariat of the ICC International Court of Arbitration
38 cours Albert 1er
75008 Paris, France
Tel: +33 1 49 53 28 28
Fax: +33 1 49 53 29 33
Amicable Dispute Resolution
Amicable Dispute Resolution is a set of proceedings which do not result in a decision or award of the Neutral which can be enforced at law. The International Chamber of Commerce has issued the ICC ADR Rules (the ‘Rules’) for the use of parties who wish to settle their disputes or differences amicably with the assistance of a third party, the Neutral, within an institutional framework. The Rules allow the parties to choose whichever settlement technique they consider best suited to resolving their dispute. This may be mediation; neutral evaluation; a mini-trial; or another technique or combination of various techniques. Under the Rules, mediation will be the fall-back technique if the parties do not express a preference for a particular method.
For further information, please see the page on ICC ADR.
Please note that the ICC ADR clauses are not model clauses but rather suggestions that may be adapted to the parties’ needs.
Dispute Board Rules
Dispute Boards are standing bodies, comprising one to three members, normally set up at the outset of a contract to help parties resolve any disagreements and disputes that may subsequently arise during its performance. ICC has established a set of documents providing a comprehensive and flexible framework for establishing and operating Dispute Boards in a wide range of contracts in different industries. These documents include the Dispute Board Rules, a Model Dispute Board Member Agreement. In addition, ICC proposes three standard clauses, each providing for a different type of Dispute Board, followed by arbitration as the ultimate recourse if the dispute is not resolved through the Dispute Board.
Information page on Dispute Boards
Standard clause: ICC Dispute Review Board followed by ICC arbitration if required
Standard clause: ICC Dispute Adjudication Board followed by ICC arbitration if required
Standard clause: ICC combined Dispute Board followed by ICC arbitration if required
ICC International Centre for Expertise
Experts with specialized knowledge in technical, legal, financial or other areas may be useful in a variety of situations: to serve as witnesses, to help solve differences, or simply in the ordinary course of business. The ICC International Centre for Expertise, established in 1976, may be called upon for any or all of the following services: the proposal of an expert, the appointment of an expert, and the administration of expertise proceedings. ICC proposes four alternative expertise clauses for use by parties wishing to provide for recourse to the Centre’s services.
Suggested ICC Expert clauses
DOCDEX (Documentary Instruments Dispute Resolution Expertise)
The International Centre for Expertise also administers the ICC Rules for Documentary Instruments Dispute Resolution Expertise (DOCDEX), drawn up by the ICC Banking Commission to facilitate the rapid settlement of disputes under the ICC Uniform Customs and Practice for Documentary Credits, the ICC Uniform Rules for Bank-to-Bank Reimbursement under Documentary Credits, the ICC Uniform Rules for Collections and the ICC Uniform Rules for Demand Guarantees. Cases are decided by a panel of three experts, whose decision is scrutinized by the technical adviser of the Banking Commission to check that it conforms to the applicable ICC Rules and their interpretation by the Banking Commission.
