“The entry into force of the 2012 rules was a long-awaited date in the ICC calendar. It is gratifying to see this project finally bear fruit,” said Jason Fry, Secretary General of the Court. “The Secretariat of the Court of Justice has worked hard to ensure a smooth transition to the new rules, which include many new functions. We are now looking forward to seeing the rules in place and hope that the parties and their lawyers will adopt them and focus on better management of the time and costs of arbitration. Article 39: Waiver A party continuing the arbitration proceedings without objecting to any provision of the Rules of Procedure or other rules applicable to the proceedings, to an instruction of the arbitral tribunal or to a requirement of the arbitration agreement relating to the formation of the arbitral tribunal or the conduct of the proceedings shall be deemed to have waived its right of objection. Like all ICC dispute resolution services, ICC arbitration is based on a set of rules that ensure compliance with best practices around the world. Article 23: Terms of Reference (1) Once the arbitral tribunal has received the file from the Secretariat, it shall prepare a document setting out its terms of reference on the basis of documents or in the presence of the parties, taking into account their recent observations. (2) The description of service shall be signed by the parties and the arbitral tribunal. Within two months of the date on which the file was transmitted to it, the arbitral tribunal shall transmit to the tribunal the terms of reference signed by it and the parties. The Court may, at the reasoned request of the arbitral tribunal or on its own initiative, extend that period if it considers it necessary. (3) If one of the parties refuses to cooperate in the preparation of the statutes or to sign them, the latter shall be subject to the approval of the court. Where the Statute has been signed in accordance with Article 23(2) or approved by the Court of Justice, arbitration shall continue. (4) After the signature or approval of the Statutes by the Tribunal, no party may assert new claims that are outside the limits of the Statement of Work, unless authorized to do so by the arbitral tribunal, taking into account the nature of such new claims, the stage of the arbitration and other relevant circumstances.
Below is a full version of the ICC Arbitration Rules (2012) and has been translated into 32 different languages. Individual articles can be accessed by clicking on the grid below. (1) The fee schedules for administrative costs and arbitrators` fees set out below shall apply from 1 January 2012 to all arbitration proceedings commenced on or after that date, regardless of the version of the Rules applicable to such arbitration. Article 1: International Court of Arbitration (1) The International Court of Arbitration (the “Court”) of the International Chamber of Commerce (the “ICC”) is the independent arbitral tribunal of the ICC. The Statute of the Court of Justice is set out in Annex I. (2) The Court of Justice itself does not decide any dispute. It administers the settlement of disputes by arbitral tribunals in accordance with the ICC Arbitration Rules (the “Rules”). The Court of Justice is the only body empowered to conduct arbitration proceedings under the Rules, including the review and approval of arbitral awards rendered in accordance with the Rules. It shall draw up its own internal rules, as set out in Annex II (`the internal rules`). 3.
The President of the Court (hereinafter referred to as `the President`) or, in the absence of the President or at the request of the President, one of his Vice-Presidents shall have the power to give urgent ruling on behalf of the Court of Justice, provided that such decision is communicated to the Court at its next part-session. 4. In accordance with the Rules of Procedure, the Court of Justice may delegate to one or more committees composed of its members the power to take certain decisions, provided that such decision is notified to the Court of Justice at its next part-session. (5) The Court shall be assisted in its work by the Secretariat of the Tribunal (the “Secretariat”) under the direction of its Secretary-General (the “Secretary-General”). The activities of the Court of Justice shall be of a confidential nature and must be respected by any person who participates in this work in any capacity whatsoever.