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Should the party in question wish to object to this measure, it must make a request within the aforementioned period for the matter to be decided by the Court.
Such party shall not be prevented, on the ground of such withdrawal, from reintroducing the same claims at a later date in another proceeding.
If the parties have not agreed upon the allocation of the costs of the arbitration or other relevant issues with respect to costs, such matters shall be decided by the arbitral tribunal.
If the arbitral tribunal has not been constituted at the time of such withdrawal or termination, any party may request the Court to proceed with the constitution of the arbitral tribunal in accordance with the Rules so that the arbitral tribunal may make decisions as to costs.
Any such agreement entered into subsequent to the constitution of an arbitral tribunal shall become effective only upon the approval of the arbitral tribunal.
A party which proceeds with the arbitration without raising its objection to a failure to comply with any provision of the Rules, or of any other rules applicable to the proceedings, any direction given by the arbitral tribunal, or any requirement under the arbitration agreement relating to the constitution of the arbitral tribunal or the conduct of the proceedings, shall be deemed to have waived its right to object.
The arbitrators, any person appointed by the arbitral tribunal, the emergency arbitrator, the Court and its members, ICC and its employees, and the ICC National Committees and Groups and their employees and representatives shall not be liable to any person for any act or omission in connection with the arbitration, except to the extent such limitation of liability is prohibited by applicable law.
In all matters not expressly provided for in the Rules, the Court and the arbitral tribunal shall act in the spirit of the Rules and shall make every effort to make sure that the award is enforceable at law.
Any claims arising out of or in connection with the administration of the arbitration proceedings by the Court under the Rules shall be governed by French law and settled by the Paris Judicial Tribunal Tribunal Judiciaire de Paris in France, which shall have exclusive jurisdiction.
The Court shall consist of a President, Vice-Presidents, and members and alternate members collectively designated as members.
In its work it is assisted by its Secretariat Secretariat of the Court. On the proposal of the President, the World Council may appoint alternate members.
It also meets in plenary whenever so convened by the President. The work of the Court is of a confidential nature which must be respected by everyone who participates in that work in whatever capacity.
The Court lays down the rules regarding the persons who can attend the meetings of the Court and its Committees and who are entitled to have access to materials related to the work of the Court and its Secretariat.
Any proposal of the Court for a modification of the Rules is laid before the Commission on Arbitration and ADR before submission to the Executive Board of ICC for approval, provided, however, that the Court, in order to take account of developments in information technology, may propose to modify or supplement the provisions of Article 3 of the Rules or any related provisions in the Rules without laying any such proposal before the Commission.
Such persons must respect the confidential nature of the work of the Court. All related costs and expenses for the return of those documents shall be paid by such party or arbitrator.
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.
In exceptional circumstances, another member of the Court may act as president of a Committee or Special Committee following the same procedure.
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.
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. The Secretariat shall keep a list of offices designated by the Secretary General.
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.
If such amount is not quantified, the provisional advance shall be fixed at the discretion of the Secretary General. Payment by the claimant shall be credited to its share of the advance on costs fixed by the Court.
The Court may modify the Threshold Amount at any time at its discretion. In the event that the amount of the separate advance is subsequently increased, at least one half of the increase shall be paid in cash.
The arbitral tribunal shall be responsible for ensuring the payment by the parties of such fees and expenses.
Separate fee arrangements between the parties and the arbitrator are contrary to the Rules. Where the parties have agreed upon additional services, or in exceptional circumstances, the Court may fix the ICC administrative expenses at a lower or higher figure than that which would result from the application of such scale, provided that such expenses shall normally not exceed the maximum amount of the scale.
The Court shall fix at its discretion the costs of the procedure following an application or a remission, which shall include any possible fees of the arbitrator and ICC administrative expenses, when approving the decision of the arbitral tribunal.
Parties have a duty to pay any such taxes or charges; however, the recovery of any such charges or taxes is a matter solely between the arbitrator and the parties.
They may be increased by the amount of VAT, taxes, imposts or any charges of a similar nature at the prevailing rate.
Parties have a duty to pay any such charges pursuant to invoices issued by ICC. When parties have agreed to the expedited procedure pursuant to Article 30 2 , subparagraph b , the scales for the expedited procedure will apply.
The following are examples of case management techniques that can be used by the arbitral tribunal and the parties for controlling time and cost.
Appropriate control of time and cost is important in all cases. In cases of low complexity and low value, it is particularly important to ensure that time and costs are proportionate to what is at stake in the dispute.
The Application may contain such other documents or information as the applicant considers appropriate or as may contribute to the efficient examination of the Application.
If and to the extent that the President considers otherwise, the Secretariat shall inform the parties that the emergency arbitrator proceedings shall not take place with respect to some or all of the parties and shall transmit a copy of the Application to them for information.
An emergency arbitrator appointed prior thereto shall retain the power to make an order within the time limit permitted by Article 6 4 of this Appendix.
Thereafter, all written communications from the parties shall be submitted directly to the emergency arbitrator with a copy to each other party and the Secretariat.
A copy of any written communications from the emergency arbitrator to the parties shall be submitted to the Secretariat.
The Secretariat shall provide a copy of such statement to the parties. In the absence of such agreement, the President shall fix the place of the emergency arbitrator proceedings, without prejudice to the determination of the place of the arbitration pursuant to Article 18 1 of the Rules.
In all cases, the emergency arbitrator shall act fairly and impartially and ensure that each party has a reasonable opportunity to present its case.
It shall be dated and signed by the emergency arbitrator. If the party which submitted the Application fails to pay the increased costs within the time limit fixed by the Secretariat, the Application shall be considered as withdrawn.
In the absence of such nomination, the sole arbitrator shall be appointed by the Court within as short a time as possible.
In particular, the arbitral tribunal may, after consultation with the parties, decide not to allow requests for document production or to limit the number, length and scope of written submissions and written witness evidence both fact witnesses and experts.
The Court may extend the time limit pursuant to Article 31 2 of the Rules. In all matters concerning the expedited procedure not expressly provided for in this Appendix, the Court and the arbitral tribunal shall act in the spirit of the Rules and this Appendix.
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Submission Guidelines. ICC welcome two types of submission: full paper max 8 pages and abstract pages. All submissions are single-blind peer reviewed.
View Schedule. Important Dates. Abstract Submission for Paper and Poster: 31st March Abstract Submission. Theme: Contemporary Issues in Counselling.
Counselling Supervision Penyeliaan Kaunseling. Retrieved 7 August Archived from the original on 25 October Retrieved 10 February Archived from the original on 13 December Retrieved 12 December Archived from the original on 20 April Retrieved 20 April BBC Sport.
Retrieved 21 July Retrieved 23 April Retrieved 27 May Retrieved 28 May Retrieved 10 June Retrieved 16 June