The XX century saw international commercial arbitration gain worldwide acceptance as the normal way of resolving international commercial disputes. In that regard, the International Court of Arbitration was established in 1923.
If the parties decide to resolve their litigation through arbitration, the ICC (International Commercial Court) recommends to use in their contract a standard clause referring to the ICC arbitration.
The international Court of arbitration allows arbitration in an international context, as well as non international cases, in particular for business cases.
Any party wishing to have recourse to arbitration shall submit its request for arbitration to the secretariat which will notify the claimant and the respondent of the receipt of the request. The request shall contain different information such as the name and address of each of the parties, a statement of the relief sought, the relevant agreements, the number of arbitrators and their choices, and the comments as to the place of the arbitration and the applicable rules of law.
Within 30 days from the receipt of the request, the respondent shall file an answer containing, in addition to what is expected in the request, comments on the nature and circumstances of the dispute giving rise to the claim and his position on the relief sought.
The claimant could file a reply to any counterclaim within 30 days from the date of the receipt.
Regarding the matter of the arbitral tribunal, any arbitrator must be and remain independent of the parties involved in the arbitration. In that regard, he has to sign a statement of independence. If this condition is not fully satisfied, a challenge claim can be filed in writing. By accepting to serve, arbitrators undertake to carry out his responsibility in accordance with the ICC rules, until the end of the agreement.
The number of arbitrators shall be odd, known as a sole arbitrator or by three arbitrators. In the case the parties agree that the litigation shall be settled by a sole arbitrator, they may, by a common agreement, nominated him for confirmation. If the parties fail in that nomination, the sole arbitrator shall be appointed by the Court. If the dispute is to be settled by three arbitrators, each party shall nominate one arbitrator. The third one shall be appointed by the Court upon proposal of the National committee of the ICC.
Replacement of arbitrators shall be considered in the case of acceptance by the Court of his resignation, death, challenge, as well as when he is prevented de jure or de facto from fulfilling his functions or that he is not fulfilling his function in accordance with the rules. The Court may, in that case, decide that the arbitrators not replaced will continue to fulfill their obligations.
In regard to the arbitral proceedings, the place of the arbitration will be fixed by the Court. The proceedings shall be governed by the ICC rules and in the case these rules are silent, by any rules which the parties had settled on. In the absence of the parties’ agreement, the arbitral tribunal shall determine the languages or the arbitration, being careful with all relevant circumstances. The parties shall be free upon the rules of law to be applied by the tribunal. In the absence of such agreement, the arbitral tribunal shall apply the rules of law which it determines to be appropriate.
It will fallow the drawing up of a document defining its terms of reference. This document shall particularly include the parties’ identification, a summary of their respective claims et the relief sought by each party, a list of the issues to be determined, or the place of the arbitration. This document shall be signed by both the parties and the arbitral tribunal. Once the terms of reference signed, the arbitration shall proceed, and the parties cannot submit any new claim.
When the hearing is to be held, the tribunal can appoint experts, ask for additional evidence or take measure to protect trade secrets and confidential information. After the hearings, the tribunal must render his final award within six months from the application and the award shall be decided by a majority decision and has to be fully motivated.