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NCJRS Abstract

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NCJ Number: 98779 Find in a Library
Title: Arbitration Under the Rules of the International Chamber of Commerce (From Resolving Transnational Disputes Through International Arbitration, P 235-282, 1984, Thomas E Carbonneau, ed. - See NCJ-98767)
Author(s): J Paulsson
Date Published: 1984
Page Count: 48
Sponsoring Agency: University Press of Virginia
Charlottesville, VA 22903
Sale Source: University Press of Virginia
Box 3608
University Station
Charlottesville, VA 22903
United States of America
Language: English
Country: United States of America
Annotation: This description of arbitration under the Rules of the International Chamber of Commerce (ICC) considers the institutional structure and specific characteristics of ICC arbitrations. become the dominant general-purpose institution -- as opposed to single-trade associations -- in the field of international commercial arbitration, as measured by the volume of cases and the size of amounts in dispute. The description of the institutional structure of ICC arbitration reviews the nature of the ICC and its national committees, the Court of Arbitration, the Secretariat of the Court, and the arbitrators. The review of specific characteristics of ICC arbitration covers the characteristics of typical parties to ICC arbitrations and typical ICC cases, geographical locations for ICC arbitrations, ICC proceedings in practice, conciliation and additional ICC facilities, costs, and length of proceedings. An overview of ICC arbitration proceedings indicates that 7 out of 10 cases do not occur in Paris, where the ICC headquarters are located. Also, there is no 'in group' of counsel or arbitrators to whom parties must entrust their fate. Lawyers from all over the world represent their clients directly, without resorting to any specialized 'ICC bar.' Moreover, the parties may choose arbitrators whom they know and trust. There is no appeal on substantive questions of law or fact in ICC arbitration, but the ICC court of Arbitration insists that arbitrators respect rules of form so that the award has maximum legal enforceability. The Court of Arbitration notifies the parties of the award. One table lists the composition of the ICC central working bodies; another lists the names and countries of the officers and members of the Court of Arbitration. The nationality for arbitrators for 1972-75 and 1977-79 is presented in a table. Twenty-one footnotes are provided.
Index Term(s): Arbitration rules; Commercial arbitration; International dispute settlement
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