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Headquartered in Paris, International Chamber of Commerce (International Chamber of Commerce, ICC) long-term commitment to international commercial disputes,and become the leading agency in the world. At present, the International Chamber of Commerce has expanded to more than 100 countries, made up of tens of thousands of business organizations and companies that have international implications, in 59 countries in the establishment of a National Committee or Council, organization and coordination of business activities within the country. International Chamber of Commerce have set up their own as early as 1923 the Arbitration--International Court of arbitration of the International Chamber of Commerce (the ICC International Court of Arbitration, commonly referred to as "the International Chamber of Commerce International Court of arbitration", also referred to as "the Arbitration Court"). From its founding date, ICC International Court of arbitration has been involved in more than more than 170 countries and regions between the parties over more than 13,000 cases, handling international arbitration cases than any other institution in the world today. ICC International Court of arbitration in Paris, but it also manages international arbitration conducted in many countries, it is arguably the most important, most active and most international of international arbitration institutions. International Chamber of Commerce's dispute handling mechanism is primarily for commercial disputes in the international arena.
ICC International Court of arbitration shall consist of a Chairman and a number ofVice Chairmen and members. Arbitration Court's daily work is based in Paris, International Chamber of Commerce Court of arbitration Secretariat to undertake. TheSecretariat for the International Chamber of Commerce International Court of arbitration to handle all cases of closely tracking services, and provide services and information to help in more than more than 20 different languages. The Secretariat has set up a number of cases working groups (team), each working group in the case of a consultant (counsel) under the leadership of work. Each case is investigated by a working group in charge of the case tracking service.
When the applicant filed for arbitration, it needs to be to the Court of arbitration in Paris Secretariat submitted its request for arbitration (Request for Arbitration). The arbitration applications of format no specifically requirements and provides, but its main content should including: 1. Parties Party of name, and address, and identity status; 2. proposed claims dispute of nature and produced after; 3. Requests relief of way, and as description claims amount; 4. about agreement, especially arbitration agreement; 5. According to International Chamber of Commerce arbitration rules 8th, and 9, and 10 article provides on arbitration member number, and produced way and candidates requirements made description; 6. on arbitration locations, and Applicable law and arbitration with a description of the language requirements or.
The applicant at the time of submitting an application for arbitration shall be paidan advance fee (advance payment on administrative expenses). This fee is not refunded, but may be retained as the applicant part of the arbitration fee in advance. In assessing the applicant's application documents, the Secretary-General usually require an upfront to the applicant to sign arbitration clauses this document required before the arbitration fee in advance. Will also be retained as both the International Court of arbitration requirements in their share of the arbitration fees in advance applicants meet a part of it. Advanced arbitration after total costs determinedby the Arbitration Court, Arbitration Court will notify the applicant and the respondent according to the average of their pay (in some cases, however, also accordingto the request for arbitration to the Arbitration Institute claims the amount of the claim or counterclaim respectively determine the share to be paid on both sides). This is different from the practice of other arbitration institutions.
Parties can also free bargaining and arbitration specific candidates. Parties selectarbitrators need by the arbitrator himself and the confirmation of the Secretariat.Different is that with other arbitration institutions, the Panel of arbitrators of the International Chamber of Commerce does not set the so-called also do not limit theparties must in some list or select an arbitrator within a range, it will be maximum in composition of the Arbitration Tribunal to give the parties the right to independently choose the arbitrator, fully in the choice of arbitrators will also show the international arbitration of the International Chamber of Commerce. In the case of parties could not negotiate to select an arbitrator are specified according to the rulesof arbitration of the International Chamber of Commerce International Court of arbitration. Distinctive feature and advantage is that when there is a need of the arbitrator designated by the arbitration court case, arbitration can be distributed in more than 70 countries of the ICC national committees (ICC National Committee) recommended candidates. At this point, the Court of arbitration case and the basic conditions for candidates to the relevant national Committee. But the Court of arbitration is entitled to accept and reject National Commission to recommend specificcandidates. In some cases, the Court of arbitration can also never set up ICC national committees of the countries to select and appoint an arbitrator. Designated bythe Arbitration Court Chief and the appointment of a sole arbitrator shall be nationals of the party other than the State. In the case of a three-man Tribunal, if the need arises by the substitution of a party to appoint an arbitrator of the arbitration court case, arbitration court may request the Party National Committee for the International Chamber of Commerce of the country their nominations. Clearly established rules of ICC International Court of arbitration, Arbitration Court of the Presidentand members of the Secretariat shall not be submitted to the arbitration of the International Chamber of Commerce arbitration case and the lawyer. In individual cases, to challenge an arbitrator if the parties own independence when the arbitratoris requested and other reasons, Court of arbitration will be in accordance with thearbitration rules of the recusal decision, and the decision of the Arbitration Court is final.
Before the arbitral tribunal into entities must first prepare a named "trial" (Terms of Reference, also translated as "trial") files. The International Chamber of Commerce arbitration proceedings in a unique way. Trial terms the contents of this file is provided for in the rules of arbitration of the International Chamber of Commerce, including parties and arbitrators ' names and basic description of the situation, theplace of arbitration, parties claimed facts and reasons of the sums and the corresponding description of the applicable arbitration rules. Consideration of general articles should cite this case disputes and focus to be ruled (but in some cases, theTribunal finds that there is no necessary, may not be listed). In the arbitral tribunalin the drafting of the terms of, and will draw up a preliminary hearing schedule (aprovisional timetable). Drafted by the parties to the arbitral proceedings articles and preliminary hearing schedule put forward its own proposal and additional comments. Terms of hearing signed by the parties and the arbitrators came into effectafter implementation if a party refuses to sign, the terms of the trial shall be submitted to the approval of the arbitral tribunal after the execution. Arbitral must case file over to the Secretariat within two months of it after hearing signed by the parties submitted to the Court of arbitration clauses.
For most cases, arbitration usually last a year. But the Court of arbitration and thesecretariat will closely monitor the time period associated with the arbitration process. When the formation of the Arbitration Tribunal and after the arbitration fee shall be paid, there are two important period of time constraints the process of arbitration, the arbitral tribunal shall within two months the terms submitted to the International Court of arbitration and then make a final decision within six months. Court of arbitration according to the need to extend the deadline. Court of Arbitrationalso agreed that the Secretariat submit regular progress reports to keep track ofcases each case. Some Parties also agreed to shorten the period. Design of the International Chamber of Commerce to the arbitrators no hourly and daily basis to pay the arbitrator, but in each case paid for, this system also clearly encourages arbitrators to improve handling efficiency.
An important function of the Arbitration Court is to review his arbitration award (scrutiny). Are different from the rules of other arbitration institutions, special provisions on the rules of arbitration of the International Chamber of Commerce, before the signing of the arbitral award, their drafts should be submitted to the ArbitrationCourt. Arbitration may make an award form the modifications. Decision is taken without prejudice to the arbitral tribunal to the merits of the case in case, the Court of arbitration can also drew the Tribunal's attention to substantive issues. Arbitration awards made in the form of approval, issued by the arbitral tribunal shall not award. Award review of arbitration of the International Chamber of Commerce to ensure that a ruling an important aspect of quality, to reduce the possibility of ruling is revoked or were not implemented by domestic courts. Because the arbitration award is final and not to allow the parties to the appeal, so review the award undoubtedly adds a measure of protection for the parties. This unique quality control mechanisms to ensure the reliability of arbitration of the International Chamber of Commerce.
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Copyright 2012-2018. ALL RIGHTS RESERVED (International Trade Law)
Telephone：0086-13315171023 QQ:1215545143
Email：tradelawchina@hotmail.com Technical support：ZW0311