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ICC Arb ICC Arbitration Rules (2021)
ZivilrechtZivilprozessrecht
Schiedsverfahrensrecht
Article 1: Function
(1) The function of the International Court of Arbitration of the International Chamber of Commerce (the “Court”) is to ensure the application of the Rules of Arbitration of ICC, and it has all the necessary powers for that purpose.
(2) As an autonomous body, it carries out these functions in complete independence from ICC and its organs.
(3) Its members are independent from the ICC National Committees and Groups.
Article 2: Composition of the Court
The Court shall consist of a President, Vice-Presidents, and members and alternate members (collectively designated as members). In its work it is assisted by its Secretariat (Secretariat of the Court).
Article 3: Appointment
(1) The President is elected by the ICC World Council upon the recommendation of the Executive Board of ICC based on the proposal of an independent selection committee which includes highly distinguished arbitration practitioners.
(2) On the proposal of the President, the ICC World Council appoints the Vice-Presidents of the Court from among the members of the Court or otherwise. The President and the Vice-Presidents of the Court form the Bureau of the Court.
(3) The members of the Court are appointed by the ICC World Council on the proposal of ICC National Committees or Groups, one member for each National Committee or Group. On the proposal of the President, the World Council may appoint alternate members.
(4) On the proposal of the President, the ICC World Council may appoint members and alternate members in countries and territories:
a) where there is no National Committee or Group; or
b) where the National Committee or Group is suspended.
(5) The term of office of all members, including, for the purposes of this paragraph, the President and Vice-Presidents, is three years and may be renewed once. If a member is no longer in a position to exercise the member’s functions, a successor is appointed by the World Council for the remainder of the term.
(6) No Court member shall serve for more than two full consecutive terms, unless the World Council decides otherwise upon the recommendation of the Executive Board further to the proposal of the President, in particular where a Court member is proposed for election as Vice-President.
Article 4: Committees
(1) Save as provided in Articles 5(1), 6 and 7 of this Appendix, the Court conducts its work in Committees of three members.
(2) Members of the Committees consist of a president and two other members.
Article 5: Special Committees
(1) The Court may conduct its work in Special Committees:
a) to decide on matters under Articles 14 and 15(2) of the Rules;
b) to scrutinise draft awards in the presence of dissenting opinions;
c) to scrutinise draft awards in cases where one or more of the parties is a state or may be considered to be a state entity;
d) to decide on matters transferred to a Special Committee by a Committee which did not reach a decision or deemed it preferable to abstain, having made any suggestions it deemed appropriate; or
e) upon request of the President.
(2) Members of the Special Committee consist of a president and at least six other members.
Article 6: Single-member Committees
The Court may scrutinize draft awards under the Expedited Procedure Provisions in Single-member Committees.
Article 7: Plenary of the Court
(1) The Court meets in plenary during its annual working session. It also meets in plenary whenever so convened by the President.
(2) The plenary of the Court may take any decision under Articles 4(1), 5(1) and 6 of this Appendix.
(3) Members of the plenary consist of the President, the Vice-Presidents and all Court members who have accepted to attend and are in attendance.
Article 8: Confidentiality
The work of the Court is of a confidential nature which must be respected by everyone who participates in that work in whatever capacity. The Court lays down the rules regarding the persons who can attend the meetings of the Court and its Committees and who are entitled to have access to materials related to the work of the Court and its Secretariat.
Article 9: Modification of the Rules of Arbitration
Any proposal of the Court for a modification of the Rules is laid before the Commission on Arbitration and ADR before submission to the Executive Board of ICC for approval, provided, however, that the Court, in order to take account of developments in information technology, may propose to modify or supplement the provisions of Article 3 of the Rules or any related provisions in the Rules without laying any such proposal before the Commission.
Article 10
The decisions of the Court shall be deemed to be made in Paris, France.
Quelle: ICC WBO
Import: