'%20transform='translate(-1245%20-1388)'%3e%3cpath%20d='M1264.5%201438.05C1264.5%201426.7%201273.7%201417.5%201285.05%201417.5L1387.95%201417.5C1399.3%201417.5%201408.5%201426.7%201408.5%201438.05L1408.5%202025.95C1408.5%202037.3%201399.3%202046.5%201387.95%202046.5L1285.05%202046.5C1273.7%202046.5%201264.5%202037.3%201264.5%202025.95Z'%20stroke='%23FFFFFF'%20stroke-width='37.3333'%20stroke-miterlimit='8'%20fill='none'%20fill-rule='evenodd'/%3e%3cpath%20d='M1490.5%201435.83C1490.5%201425.71%201498.71%201417.5%201508.83%201417.5L1616.17%201417.5C1626.29%201417.5%201634.5%201425.71%201634.5%201435.83L1634.5%202028.17C1634.5%202038.29%201626.29%202046.5%201616.17%202046.5L1508.83%202046.5C1498.71%202046.5%201490.5%202038.29%201490.5%202028.17Z'%20stroke='%23FFFFFF'%20stroke-width='37.3333'%20stroke-miterlimit='8'%20fill='none'%20fill-rule='evenodd'/%3e%3cpath%20d='M1699.29%201449.98C1697.3%201439.76%201703.98%201429.85%201714.21%201427.87L1818.64%201407.57C1828.87%201405.58%201838.77%201412.26%201840.76%201422.48L1953.63%202003.18C1955.62%202013.41%201948.94%202023.31%201938.71%202025.3L1834.28%202045.6C1824.06%202047.58%201814.16%202040.9%201812.17%202030.68Z'%20stroke='%23FFFFFF'%20stroke-width='37.3333'%20stroke-miterlimit='8'%20fill='none'%20fill-rule='evenodd'/%3e%3cpath%20d='M1296%201495.92C1296%201490.99%201299.99%201487%201304.92%201487L1366.08%201487C1371.01%201487%201375%201490.99%201375%201495.92L1375%201598.08C1375%201603.01%201371.01%201607%201366.08%201607L1304.92%201607C1299.99%201607%201296%201603.01%201296%201598.08Z'%20fill='%23FFFFFF'%20fill-rule='evenodd'/%3e%3cpath%20d='M1523%201495.92C1523%201490.99%201526.99%201487%201531.92%201487L1593.08%201487C1598.01%201487%201602%201490.99%201602%201495.92L1602%201598.08C1602%201603.01%201598.01%201607%201593.08%201607L1531.92%201607C1526.99%201607%201523%201603.01%201523%201598.08Z'%20fill='%23FFFFFF'%20fill-rule='evenodd'/%3e%3cpath%20d='M1742.41%201505.25C1741.46%201500.39%201744.63%201495.69%201749.49%201494.74L1809.81%201483.02C1814.67%201482.07%201819.37%201485.25%201820.32%201490.11L1839.66%201589.61C1840.6%201594.47%201837.43%201599.17%201832.57%201600.11L1772.26%201611.84C1767.4%201612.78%201762.69%201609.61%201761.75%201604.75Z'%20fill='%23FFFFFF'%20fill-rule='evenodd'/%3e%3c/g%3e%3c/svg%3e)
ICC Arb ICC Arbitration Rules (2021)
ZivilrechtZivilprozessrecht
Schiedsverfahrensrecht
Article 1: Confidential Character of the Work of the International Court of Arbitration
(1) For the purposes of this Appendix, members of the Court include the President and Vice-Presidents of the Court.
(2) The sessions of the Court are open only to its members and to the Secretariat.
(3) However, in exceptional circumstances, the President of the Court may invite other persons to attend. Such persons must respect the confidential nature of the work of the Court.
(4) The documents submitted to the Court, or drawn up by it or the Secretariat in the course of the Court’s proceedings, are communicated only to the members of the Court, to the Secretariat and to persons authorized by the President to attend Court sessions.
(5) The President or the Secretary General of the Court may authorize researchers undertaking work of an academic nature to acquaint themselves with awards and other documents of general interest, with the exception of memoranda, notes, statements and documents remitted by the parties within the framework of arbitration proceedings.
(6) Such authorization shall not be given unless the beneficiary has undertaken to respect the confidential character of the documents made available and to refrain from publishing anything based upon information contained therein without having previously submitted the text for approval to the Secretary General of the Court.
(7) The Secretariat will in each case submitted to arbitration under the Rules retain in the archives of the Court all awards, Terms of Reference and decisions of the Court, as well as copies of the pertinent correspondence of the Secretariat.
(8) Any documents, communications or correspondence submitted by the parties or the arbitrators may be destroyed unless a party or an arbitrator requests in writing within a period fixed by the Secretariat the return of such documents, communications or correspondence. All related costs and expenses for the return of those documents shall be paid by such party or arbitrator.
Article 2: Participation of Members of the International Court of Arbitration in ICC Arbitration
(1) The President and the members of the Secretariat of the Court may not act as arbitrators or as counsel in cases submitted to ICC Arbitration.
(2) The Court shall not appoint Vice-Presidents or members of the Court as arbitrators. They may, however, be proposed for such duties by one or more of the parties, or pursuant to any other procedure agreed upon by the parties, subject to confirmation.
(3) When the President, a Vice-President or a member of the Court or of the Secretariat is involved in any capacity whatsoever in proceedings pending before the Court, such person must inform the Secretary General of the Court upon becoming aware of such involvement.
(4) Such person must be absent from the Court session whenever the matter is considered by the Court and shall not participate in the discussions or in the decisions of the Court.
(5) Such person will not receive any material documentation or information pertaining to such proceedings.
Article 3: Relations between the Members of the Court and the ICC National Committees and Groups
(1) By virtue of their capacity, the members of the Court are independent of the ICC National Committees and Groups which proposed them for appointment by the ICC World Council.
(2) Furthermore, they must regard as confidential, vis-à-vis the said National Committees and Groups, any information concerning individual cases with which they have become acquainted in their capacity as members of the Court, except when they have been requested by the President of the Court, by a Vice-President of the Court authorized by the President of the Court, or by the Court’s Secretary General to communicate specific information to their respective National Committees or Groups.
Article 4: Constitution, Quorum and Decision-making
(1) The members of Committees, Special Committees and Single-member Committees are appointed by the President from among the Vice-Presidents or the other members of the Court. In the President’s absence or otherwise where the President is unable to act, they are appointed by a Vice-President at the request of the Secretary General or the Deputy Secretary General of the Court.
(2) Committees and Special Committees meet whenever convened by their president.
(3) The President of the Court acts as the president of the Committee, the Special Committee and the plenary. A Vice-President of the Court may act as president of a Committee, Special Committee or the plenary (i) at the request of the President or (ii) in the President’s absence or otherwise where the President is unable to act, at the request of the Secretary General or the Deputy Secretary General of the Court. In exceptional circumstances, another member of the Court may act as president of a Committee or Special Committee following the same procedure.
(4) The President of the Court, a Vice-President and any Court member may act in, and convene, the Single-member Committee.
(5) Decisions on the constitution of Committees, Special Committees and Single-member Committees are reported to the Court at one of its next sessions.
(6) Deliberations shall be valid:
a) At the Committee, when at least two members are present.
b) At the Special Committee and plenary, when at least six members, and the President or designated Vice-President, are present.
(7) Decisions at Committees are taken unanimously. When a Committee cannot reach a unanimous decision or deems it preferable to abstain, it transfers the case to a Special Committee, making any suggestions it deems appropriate.
(8) Decisions at Special Committees and the plenary are taken by majority, the President or Vice-President, as the case may be, having a casting vote in the event of a tie.
Article 5: Communication of Reasons of Decisions
(1) Upon request of any party, the Court will communicate the reasons for Articles 6(4), 10, 12(8), 12(9), 14 and 15(2).
(2) Any request for the communications of reasons must be made in advance of the decision in respect of which reasons are sought. For decisions pursuant to Article 15(2), a party shall address its request to the Court when invited to comment pursuant to Article 15(3).
(3) In exceptional circumstances, the Court may decide not to communicate the reasons for any of the above decisions.
Article 6: Court Secretariat
(1) In the Secretary General’s absence or otherwise at the Secretary General’s request, the Deputy Secretary General and/or the General Counsel shall have the authority to refer matters to the Court, confirm arbitrators, certify true copies of awards request the payment of a provisional advance and authorize the payment of advances in instalments, respectively provided for in Articles 6(3), 13(2), 35(2) and 37(1) of the Rules and Article 1(6) of Appendix III, as well as to take the measure provided for in Article 37(6).
(2) The Secretariat may, with the approval of the Court, issue notes and other documents for the information of the parties and the arbitrators, or as necessary for the proper conduct of the arbitral proceedings.
(3) Offices of the Secretariat may be established outside the headquarters of the ICC. The Secretariat shall keep a list of offices designated by the Secretary General. Requests for Arbitration may be submitted to the Secretariat at any of its offices, and the Secretariat’s functions under the Rules may be carried out from any of its offices, as instructed by the Secretary General, Deputy Secretary General or General Counsel.
Article 7: Scrutiny of Arbitral Awards
When the Court scrutinizes draft awards in accordance with Article 34 of the Rules, it considers, to the extent practicable, the requirements of mandatory law at the place of the arbitration.
Quelle: ICC WBO
Import: