ICC International Court of Arbitration Bulletin Vol. 7 No. 2 - 1996 - Vol. 7 No. 2
32.Article 2(6) of the Rules states as follows:Where the Court is to appoint a sole arbitrator or the chairman of an arbitral tribunal, it shall make the appointment after having requested a proposal from a National Committee of the ICC that it considers to be appropriate. If the Court does not accept the proposal made, or if the said National Committee fails to make the proposal requested within the time limit fixed by the Court, the Court may repeat its request or may request a proposal from
ICC International Court of Arbitration Bulletin Vol. 7 No. 2 - 1996 - Vol. 7 No. 2
45.In a classic dispute, one party to a contract (the claimant) is opposed to the other party to the same contract (the defendant). If the contract in question contains an arbitration clause referring to the ICC's Rules of Arbitration, normally each of the parties will nominate its own arbitrator. The two arbitrators selected in this way, will nominate the chairman of the arbitral tribunal.However, it is evident from arbitration practice that very often a dispute involves more than two parties.
ICC International Court of Arbitration Bulletin Vol. 7 No. 2 - 1996 - Vol. 7 No. 2
54.International arbitration offers the advantage - amongst others - over court-of-law proceedings of allowing parties a greater choice of forum. The parties are not limited to the other party's place of residence, or the place where that party has assets, as they normally are in litigation, but are free to agree on practically any place that suits them to hold the arbitration. The parties' scope of choice is much wider than it is in litigation thanks to the existence of a number of conventions
ICC International Court of Arbitration Bulletin Vol. 7 No. 2 - 1996 - Vol. 7 No. 2
59.One of the characteristic features of ICC arbitration are the Terms of Reference. Article 13 of the ICC Rules states:1Before proceeding with the preparation of the case, the arbitrator shall draw up, on the basis of the documents or in the presence of the parties and in the light of their most recent submissions, a document defining his Terms of Reference. This document shall include the following particulars:a) the full names and description of the parties;b) the addresses of the parties to
ICC International Court of Arbitration Bulletin Vol. 7 No. 2 - 1996 - Vol. 7 No. 2
78.It is clear that there is an even greater need to interpret, rectify or amend clerical errors or omissions in the case of arbitral awards than there is in the case of decisions of the national courts. Indeed, not all arbitrators - far from it - have a mastery of the clear and precise language of the courts, and some make do with wording that is intelligible only to people involved in the profession concerned, which may appear incomprehensible to the national authorities charged with enforcing
ICC International Court of Arbitration Bulletin Vol. 7 No. 2 - 1996 - Vol. 7 No. 2
88.As a general rule, in the case of both institutional and ad hoc arbitrations, payments of advances to cover the costs of arbitration are required at the outset of the procedure. These advances are required for the purpose of securing in advance the financial resources necessary for carrying out the arbitration procedure. Hence the price for arbitration services is paid in advance. The arbitrators do not commence the proceedings until the advance has been paid. The advance usually comprises the