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This document is part of the ICC Dispute Resolution Library.
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Publisher: Image of Publisher which is The International Chamber of Commerce (ICC DRL)
Type: Books
Publication Date: 24 October 2022
Language: English
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    Marching towards a vision: the Mourre presidency at the ICC international Court of Arbitration

    237.

    Six years. This is the time it took Alexis Mourre, as President of the ICC International Court of Arbitration, to impose a vision that revolutionised ICC practice and inspired other arbitral institutions around the world. He achieved this through a forced change in mentalities—no revolution can come without force—two of the most striking examples of which relate to transparency and diversity.

    Transparency. A movement towards greater transparency in international arbitration had already gained momentum in investment treaty arbitration, and the remarkable work of UNCITRAL, in particular the 2014 United Nations Convention on Transparency in Treaty-based Investor-State Arbitration (also known as the ‘Mauritius Convention'), has had a long-lasting impact on the field. That movement was accompanied by yet another revolution—under late Professor Gaillard's key influence—namely the reversal, by the 2011 French law on arbitration, of the traditional presumption in favour of confidentiality of the arbitral process in international arbitration. ICC awards had also been published for several decades, but mostly on an anonymised basis and at random pace. Alexis Mourre dared tackle the subject of transparency broadly, with determination, through a series of reforms: to take just a few examples, the provision of reasons for the ICC Court's decisions upon the request of any party; the decision to publish the composition of ICC tribunals; and the decision to systematically publish ICC awards on an opt-out basis. Although each of these measures has had and will continue to have an important effect on international arbitration practice, the push for the systematic publication of awards, in commercial as much as in investment matters, will contribute impactfully to international arbitration as a system of justice.

    Diversity. Here again, the concept was not new and many initia

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