May 3, 2004
ICC Rules as Appointing Authority Broadened
 The Rules of ICC as Appointing Authority under the UNCITRAL Arbitration Rules have been revised so as to broaden their scope and reflect developments that have occurred since their adoption some twenty years ago. These new rules entered into force as of January 1, 2004.
The makeup of an arbitral tribunal serves as a critical step at the onset of any arbitration proceeding. It allows parties not only the opportunity to designate arbitrators of their choice, but also to make certain that the chosen tribunal possesses the appropriate experience and technical expertise that a given proceeding might demand. Equally essential in the constitution of an arbitral tribunal for an international dispute is special consideration to independence of the tribunal.
For this reason, parties may prefer to leave the task to a specialized institution, such as ICC. Eighty years of administering international arbitrations has given ICC exceptional experience in appointing arbitrators. In addition, it enjoys the support of a worldwide network of national committees, such as USCIB, as a resource to identify arbitrators with appropriate qualifications of many different nationalities and from various spheres of activity.
The newly implemented rules supersede an earlier set, in force for some twenty years, that were applied only to cases conducted under the UNCITRAL Arbitration Rules- something ICC felt it needed to broaden to reflect current practices and demand. The scope of the new rules now extends also to ad hoc proceedings not conducted under the UNCITRAL Arbitration Rules. In both cases, in addition to making appointments, the ICC International Court of Arbitration may be given other powers, including the power to decide upon challenges of arbitrators, whether or not appointed by ICC.
As outlined in the Spring 2003 edition of the ICC International Court of Arbitration Bulletin, ICC received eight requests to act in the selection of the arbitral tribunal in ad hoc proceedings in 2002. Of these eight requests, five of the arbitrations were conducted under the UNCITRAL rules. In addition, the ICC Court was also asked to decide challenges of arbitrators in three occasions in 2002 in ad hoc cases.
The full text of the new rules are available on the ICC Court’s website.
|