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INTERNATIONAL CHAMBER OF

COMMERCE

A. Introduction / Overview
B. International Court of Arbitration

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International Chamber of Commerce
 An international business organization
 Founded in 1919 and has 130 members

 Members are: corporations, companies, business association and


businessmen
 A body that represent all business sectors in the world.
 Know as the merchant of peace.
 It is the equivalent of the general assembly of a major
intergovernmental organization. The big difference is that the
delegates are business executives and not government officials
 It has the following objectives:

 Scrutinize international and national government initiatives


affecting world business and prepare business positions for
submission to international organizations and governments.
 Promotes open international trade and investment system and the
market economy.
 Provides important services such but not limited to financial
services, information technologies, telecommunications, marketing
ethics, environment, transportation, competition law and
intellectual property, among others.
 Facilitation of dispute settlement through the International Court of
Arbitration.
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International Court of Arbitration
 Attached body to the International Chamber of Commerce.

 It was granted consultative status of the United Nation and its


specialized agencies.
 Tasked to facilitate the settlement of dispute between and among
members.
 Uses ADR system in the settlement of dispute.

 Characteristics:
 proceedings are flexible

 Party/ies have more control over the proceedings

 Uses minimum time and resources

 Allows parties to choose which settlement technique is best.

 Proceedings are confidential

 Mediation is the preferred ADR system.

 The agreement reached shall be reduce into writing and shall


be enforceable upon the parties.

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International Court of Arbitration
 Overview of the ICA ADR System:
 Filing determination of dispute termination.

 A) Submission:
 Parties submit their dispute to the Rules provided:

 There is a prior agreement of the parties to submit their


disputes to the Rules, either in their underlying contract or in
a later agreement; or
 Through a Request for ADR submitted by one party to ICC
and accepted by the other party.
 B) Determination:
 Selection of Neutral (i.e. mediator or arbitrator) is selected,
either by designation by all of the parties, or by appointment
by ICC.
 Parties may agree upon any desired qualifications or
attributes of the Neutral to be appointed.
 ICC will make all reasonable efforts to appoint a Neutral
having those characteristics.
 C) Termination
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International Court of Arbitration
 Scope of the ICC ADR Rules
 Apply exclusively to international and business dispute

 Commencement of the ADR Proceedings


 Agreement of the parties to submit to the Rules is a prerequisite to
the commencement of ICC ADR proceedings
 contract between the parties; ·
 in the absence of such a clause, a subsequent agreement of the
parties in writing,
 in the absence of any prior agreement, the Request for ADR filed
with ICC by a party who wishes to submit the dispute to the
Rules, followed by the agreement of the other party to participate
in the ICC ADR proceedings.

 Conduct of the ADR Procedure


 The ADR settlement techniques that can be used under the Rules
include the following: 1)Mediation;2) Neutral evaluation; 3)Mini-
trial;4)Any other settlement technique; or 5)A combination of
settlement techniques.

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International Court of Arbitration
 Termination of the ADR Proceedings
 Signing of the agreement
 Written notification to the Neutral by one or more of the parties that it
does not wish to pursue the ICC ADR proceedings
 Written notification by the Neutral to the parties that the procedure
which was agreed upon during the first discussion or thereafter has
been completed.
 Written notification by the Neutral to the parties that, in his or her
opinion, the ICC ADR proceedings will not result in an amicable
resolution of the dispute between the parties.
 The expiration of any time period set for the ICC ADR proceedings.

 Written notification by ICC that payments due by one or more parties


pursuant to the Rules have not been made.
 Written notification by ICC that, in its opinion, (i) the designation of
the Neutral was not possible or (ii) it was not reasonably possible to
appoint a Neutral.

 General Provisions
 ICC ADR proceedings are private and confidential
 exceptions are provided. First, the parties may agree that all or
part of the proceedings will not be confidential, and, second, a
party may disclose any given element of the ICC ADR proceedings
if it is required to do so by applicable law.
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