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Fundada: 1923

Corte Internacional de Arbitraje de la Cámara de Comercio Internacional (CCI)


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Contacto y servicios

Nombre oficial de la Institución:
International Court of Arbitration of the International Chamber of Commerce (ICC)
Dirección postal:
38 cours Albert 1er
Paris
75008
Paris
Francia
+33 1 49 53 29 05
arb@iccwbo.org
http://www.iccarbitration.org
Ámbito:
International
Delegaciones:
Paris, Hong Kong (SAR), New York, Panama City, London, Singapore, Tunis
Idioma(s):
Español, Inglés, Francés, Alemán, Italiano, Portugués, Danés, Chino, Ruso, Arabe, Polaco, Sueco, Holandés, Tailandés, Turco, Hindi, Japonés, Coreano, Cantonés, Rumano, Griego, Hebreo, Búlgaro, Finés, Indonesio
Servicios ADR:
Arbitraje, Mediación, Conciliación, Adjudicación, Facilitación, Negociación, Med/Arb, Mini-Juicio, Partnering, Evaluación Neutral/Peritaje, Fact Finding/Peritaje, ODR
Especialidades:
Internacional, Mercantil/Comercial Propiedad Intelectual, Patentes/Marcas, Inmobiliario, Construcción, Marítimo, Medioambiental, Financiero/Inversiones, Mercado de Valores, Transporte, Telecomunicaciones, Audiovisual, Agropecuario, Comercio Electrónico, Arancelario, Aeroespacial, Textil, Hidrocarburos, Seguros, Hardware/Software, Entretenimiento/Espectáculo, Ferroviario, Contratación Pública, Bancario, Tributario, Energía/Utilidades, Internet, Alimentación, Logística/Distribución, Infraestructuras, Franquicia, Importación/Exportación, Arrendamientos Urbanos/Rústicos, Farmacéutico, Recursos Naturales, Insolvencia

Información general

Fundada:
1923
Representante:
John Beechey
Presidente
The ICC International Court of Arbitration (“the Court”) is the world’s foremost institution in the resolution of international business disputes. While most arbitration institutions are regional or national in scope, the ICC Court is truly international. Composed of members from almost 90 countries, the ICC Court is the world’s most widely representative dispute resolution institution.

The ICC Court is not a “court” in the ordinary sense. As the ICC arbitration body, the Court ensures the application of the Rules of Arbitration of the International Chamber of Commerce. Although its members do not decide the matters submitted to ICC arbitration – this is the task of the arbitrators appointed under the ICC Rules – the Court oversees the ICC arbitration process and, among other things, is responsible for: appointing arbitrators; confirming, as the case may be, arbitrators nominated by the parties; deciding upon challenges of arbitrators; scrutinizing and approving all arbitral Awards; and fixing the arbitrators’ fees. In exercising its functions, the Court is able to draw upon the collective experience of distinguished jurists from a diversity of backgrounds and legal cultures as varied as that of the participants in the arbitral process.

The Secretariat of the ICC Court
The Court is assisted by a Secretariat comprising over 80 full-time staff, who manage more than 1,400 ongoing cases on a day-to-day basis and provide educational and documentary support services to promote and facilitate the use of arbitration.

The Secretariat, with its headquarters in Paris and a fully operational branch office in Hong Kong, administers arbitrations throughout the world.

The core of the Secretariat lies in its eight case-management teams. Under the direction of a Counsel, assisted by two or more Deputy Counsel, each team has a distinct regional, cultural and linguistic focus, allowing parties and arbitrators to be assured of an understanding approach to their needs. Almost 30 languages are spoken within the Secretariat, whose members encompass over 25 different nationalities. The Secretariat’s lawyers are conversant with all major legal traditions.

Cláusulas y Reglamentos

Cláusulas

Reglamentos

Arbitration
All disputes arising out of or in connection with the present contract shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules.
Arbitration without emergency arbitrator
All disputes arising out of or in connection with the present contract shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules. The Emergency Arbitrator Provisions shall not apply.
Optional ADR
The parties may at any time, without prejudice to any other proceedings, seek to settle any dispute arising out of or in connection with the present contract in accordance with the ICC ADR Rules.
Obligation to consider ADR
In the event of any dispute arising out of or in connection with the present contract, the parties agree in the first instance to discuss and consider submitting the matter to settlement proceedings under the ICC ADR Rules.
Obligation to submit dispute to ADR with an automatic expiration mechanism
In the event of any dispute arising out of or in connection with the present contract, the parties agree to submit the matter to settlement proceedings under the ICC ADR Rules. If the dispute has not been settled pursuant to the said Rules within 45 days following the filing of a Request for ADR or within such other period as the parties may agree in writing, the parties shall have no further obligations under this paragraph.
Obligation to submit dispute to ADR, followed by arbitration if required
In the event of any dispute arising out of or in connection with the present contract, the parties agree to submit the matter to settlement proceedings under the ICC ADR Rules. If the dispute has not been settled pursuant to the said Rules within 45 days following the filing of a Request for ADR or within such other period as the parties may agree in writing, such dispute shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules of Arbitration.
How to use these clauses
Parties wishing to use ICC arbitration and/or ICC ADR should choose one of the above clauses, which cover different situations and needs.

If the parties do not want the Emergency Arbitrator Provisions to apply, they must expressly opt out by using the second of the two arbitration clauses.

Parties are free to adapt the chosen clause to their particular circumstances. For instance, when providing for arbitration, they may wish to stipulate the number of arbitrators, given that the Rules of Arbitration contain a presumption in favour of a sole arbitrator. They may also wish to stipulate the language and place of the arbitration and the law applicable to the merits. When providing for ADR, they may wish to specify the settlement technique to be applied, failing which mediation, the default mechanism, will be used.

The last clause above is a two-tiered clause providing for ADR followed by arbitration. Other combinations of services are also possible. Combined and multi-tiered dispute resolution clauses may help to facilitate dispute management. However, it is also possible for parties to file requests under the ICC ADR Rules or the ICC Rules for Expertise at any time, even after a dispute has arisen or in the course of other dispute resolution proceedings.
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Panelistas

It is commonly said that an arbitration is no better than the arbitrators. Selection of the arbitral tribunal is, therefore, one of the most critical steps in arbitration.

Under the ICC Rules, the Arbitral Tribunal is composed of one or more arbitrators. When only one arbitrator is to be designated, he or she is appointed by the Court, unless the parties agree otherwise. When three arbitrators are to be designated, each party nominates an arbitrator; the third arbitrator, who chairs the Arbitral Tribunal, is either nominated by mutual agreement of the parties or the co-arbitrators, or appointed by the Court. When the parties are unable to agree on the number of arbitrators, the ICC Rules provide that the Court shall appoint a sole arbitrator, “save where it appears to the Court that the dispute is such as to warrant the appointment of three arbitrators”.

When it comes to the appointment of arbitrators, ICC – unlike other arbitral institutions – enjoys the support of national committees in some 90 different countries. National committees are able to identify potential arbitrators with appropriate qualifications all over the world. Unlike certain other institutions, ICC does not require that arbitrators be selected from preestablished lists, thus ensuring the greatest possible freedom of choice and flexibility in the constitution of the Arbitral Tribunal.

Otra información de interés

Formato: Documento pdf| Idioma: Documento en inglés inglés | Tamaño:0.11MB | Tiempo descarga: 0'0''
Foremost among the many practical services to business offered by the International Chamber of Commerce is the ICC International Court of Arbitration. Since its foundation in 1923, the ICC Court has led the way in securing worldwide acceptance
of arbitration as the best means to resolve business disputes.

The ICC International Court of Arbitration is an administrative body that assists parties and arbitral tribunals in the conduct of arbitration procedures under the ICC Rules of Arbitration. ICC arbitral tribunals conduct procedures in many different countries throughout the world. Over 17,500 arbitration cases have been handled by ICC involving parties from some 200 different countries and territories.

What the Court does
The Court organizes and supervises your arbitration and helps in overcoming obstacles. It does not itself resolve disputes, a task that is carried out by independent arbitrators. The Court makes every effort to ensure that the award is enforceable in national courts if need be, although in practice the parties usually comply.

What the Secretariat does
The Secretariat acts as a link between parties, arbitrators and the Court. A Secretariat team headed by a counsel will follow your case with the aid of state-of-the-art case management and information retrieval systems.

Your team's task is to overcome hitches and keep things moving. The Court and its Secretariat make every effort to ensure that arbitrations run smoothly and that timetables are respected.

If you and all others involved in your case wish to communicate and share information online, you will be able to do so through NetCase - a facility offering secure, round-the-clock access to case information and documents.

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