Article | The New 2012 ICC Arbitration Rules

As discussed here, the International Chamber of Commerce (“ICC”) revised Arbitration Rules became effective on January 1, 2012. ( The new Rules may be downloaded here.) McDermott Will & Emery attorneys B. Ted Howes and Stefano Mechelli provide an overview of the new Rules:

The most important improvement to the efficiency of the ICC Arbitration Rules is the new, mandatory case management conference provision (new Article 24), which requires that the arbitrators convene a case management conference at the outset of the arbitration, with the parties present, both to establish a procedural timetable for the arbitration and to adopt efficient case management techniques (new Article 24 (1)). Far from simply imposing another formality on the arbitral process, this change mandates an entirely new approach in which the arbitrators and the parties must discuss and determine the most efficient way of proceeding with the arbitration. This change is supported by numerous other new efficiencies in the rules, including a new rule requiring that arbitrators confirm their availability in writing before agreeing to handle a case (new Article 11(2)), a new rule requiring both parties and arbitrators “to make every effort to conduct the arbitration in an expeditious and cost-effective manner” (new Article 22(1)), and a new rule allowing arbitrators to request the attendance of the in-house lawyers of the parties at case management conferences (new Article 24 (4))

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