Frequently Asked Questions on ICC Arbitration

What are ICC model clauses, and where can I find them?

ICC model clauses are examples of clauses that should be included in agreements for which parties may wish to incorporate the following dispute resolution methods: Arbitration; Appointing Authority; Pre-arbitral Referee; or ADR (click on any of the links for ICC descriptions of each commercial dispute resolution procedure).

ICC model arbitration clauses are available in 35 languages, while other model clauses are available in only a few selected languages.  All clauses are available in French and English.  Click here to view the ICC model clauses.

How do I file a Request for Arbitration?

See the ICC website for full information on how to file a Request for Arbitration.  A summarized version follows:

The Request for Arbitration must be filed with the Secretariat for the International Court of Arbitration at ICC Headquarters (38 Cours Albert 1er, 75008 Paris, France).  The request must include:

  • the name in full, description and address of each of the parties;
  • a description of the nature and circumstances of the dispute giving rise to the claims;
  • a statement of the relief sought, including, to the extent possible, an indication of any amount(s) claimed;
  • the relevant agreements and, in particular, the arbitration agreement;
  • all relevant particulars concerning the constitution of the Arbitral Tribunal;
  • any comments as to the place of arbitration, the applicable rules of law and the language of the arbitration.

The Request must be filed with enough copies for each respondent party, each arbitrator and the Secretariat (i.e. 5 copies for arbitration with 1 respondent and 3 arbitrators).  The Request must also be accompanied by a payment of US $2500 as an advance on administrative costs.

The full arbitration process is described on the ICC website, and is also available as a simplified flow chart (in PDF format).

Where can I find ICC arbitral awards?

Summaries and extracts from certain ICC arbitral awards can be found in the journals mentioned below.  Please note the awards have been sanitised to ensure parties remain anonymous and comply with the duty of confidentiality under which the ICC International Court of Arbitration operates.

What is the New York Convention?  Are there new signatories to it?

The United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, commonly known as the New York Convention, was adopted in 1958 and signifies a landmark in international arbitration.  The Convention requires signatory states to recognize arbitration agreements in writing and to refuse to litigate disputes subject to an arbitration agreement.  Signatory states must also recognize and enforce arbitral awards.  For the full text of the New York Convention, visit the UNCITRAL website.

2002 witnessed accessions by Brazil, the Dominican Republic, Iceland, Zambia, and Jamaica.  The Convention has also seen an increasing number of accessions by the Gulf States over the past few years.

Kuwait led the way in 1978, followed by Bahrain in 1988, Saudi Arabia in 1994 and Oman in 1999. The most recent Gulf State to accede is Qatar, where the New York Convention entered into force on 30 March 2003.

How can I become an ICC arbitrator?

Individuals interested in serving as arbitrators or mediators for ICC should contact the office of their national committee to the ICC.  U.S. citizens should contact USCIB, as the United States National Committee to the ICC, to submit their CVs for consideration.  Unlike other institutions, ICC does not maintain a “list” system or a set “panel” of arbitrators.  ICC conducts an individual search each time a request for an arbitrator is made, and selects a candidate from its extensive database of experienced practitioners.

The USCIB office in New York City collects CVs from interested individuals.  When the ICC International Court of Arbitration is asked to make an appointment, it will call upon an appropriate national committee to make a proposal.  Occasionally the U.S. national committee also receives requests from parties directly, looking for names of prospective arbitrators.  In this case, an individual search is performed for that particular dispute.

Typically, a person acts as counsel in an ICC arbitration before becoming an arbitrator. However, this is not always the case, as sometimes the parties decide to appoint someone with no ICC experience.  If you would like to include your CV for consideration, please create a user profile in our ICC Arbitration/Mediation/Expertise Database.  Within your profile, you will be asked to include all related commercial dispute resolution experience you may have.  You will also have the ability to upload your CV to this profile.  We encourage users to log in to their profile from time to time and make any updates that might be useful.

Staff Contact:   Nancy Thevenin

General Counsel
Tel: 212.703.5047

Nancy Thevenin supports the USCIB Arbitration Committee and coordinates the work of the U.S. Nominations Committee. She works closely with USCIB’s Business Development team in ensuring a more comprehensive policy, legal and arbitration membership outreach to both law firms and corporations. Thevenin previously served as deputy director of the ICC Court of Arbitration’s North American marketing office. During her tenure, the group helped launch the ICC International Mediation Competition and developed USCIB Young Arbitrators Forum (YAF), with Thevenin drafting the proposal for the ICC to make YAF a global organization. Nancy then joined Baker & McKenzie as a special counsel in and global coordinator of their International Arbitration Practice Group. She left Baker in 2014 to start her own practice as arbitrator and mediator and continues to teach the spring semester international commercial arbitration course at St. John’s Law School.
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