In response to growing user demand, the International Court of Arbitration of the International Chamber of Commerce has announced that it will communicate reasons for many of the administrative decisions it is called on to take under the ICC Rules of Arbitration. This new policy will enter into force immediately and will be applied where all the parties to a case so agree.
The additional service offered by the court applies to: (i) a decision made on the challenge of an arbitrator; and (ii) a decision to initiate replacement proceedings and subsequently to replace an arbitrator on the court’s own motion. The court may also communicate the reasons for its decisions regarding consolidation of arbitration proceedings and prima facie decisions on jurisdiction.
The ICC Court’s note to parties and arbitrators specifies that any request for the communication of reasons must be made in advance of the relevant decision in respect of which reasons are sought. The Court may subject the communication of reasons to an increase of the administrative expenses, normally not to exceed $5,000.
This new policy was adopted in advance of the court’s annual working session that took place in Paris last week. This was the first working session chaired by Alexis Mourre following his appointment of president of the court in July.
Commenting on the new service, Mourre said: “Providing reasons as to court decisions will further enhance the transparency and clarity of the ICC arbitration process. This new service is a sign of our commitment to ensuring that ICC arbitration is fully responsive to the needs of our users the world over.
“The service has been implemented with immediate effect and may be utilized in all ongoing cases where the parties so agree and submit a request for reasons prior to seeking a decision from the court.”
The court has also announced that its 2016 working session will take place in New York City. This will be the first time the court has held its annual working session outside of Paris in its history.
For more information on the work of the court, including details on how to use ICC arbitration services-please visit our dedicated web portal .