Annotated Guide to the 1998 ICC Arbitration Rules with Commentary

by Craig, W. Laurence; Park, William W.; Paulsson, Jan

• ISBN13: 9780379213911
• ISBN10: 0379213915
• Format: Hardcover
• Copyright: 1999-12-29
• Publisher: Oceana TM

Summary

This indispensable volume provides a complete and authoritative discussion of the ICC rules and their application. Organized by arbitration rules, it contains an article-by-article analysis of the rules, including a comparison with the text of the relevant section of the 1975 rules, along with comprehensive indexes for tracking the rules of the court, and advice for arbitrators. Each annotation contains an explanation of the rationale that drove the revision or incorporation, as well as the expected effect on ICC arbitration practice. Where the rules are influenced by other established arbitration rules, appropriate cross-references appear. Contents summary: · Overview of the 1998 rules · Annotated text with commentary · Arbitral tribunal and proceedings · Awards · Costs · Conversion tables · Appendices to the 1998 rules · Index

Table of Contents

Overview of the 1998 Rules	p. 3
Introduction to the Annotated Text of the 1998 Rules	p. 19
Abbreviations	p. 21
Annotated Text with Commentary
Introductory Provisions
International Court of Arbitration	p. 27
Definitions	p. 33
Written Notifications or Communications; Written Time Limits	p. 35
Commencing The Arbitration
Request for Arbitration	p. 43
Answer to the Request; Counterclaims	p. 51
Effect of the Arbitration Agreement	p. 57
The Arbitral Tribunal
General Provisions	p. 67
Number of Arbitrators	p. 75
Appointment and Confirmation of the Arbitrators	p. 79
Multiple Parties	p. 85
Challenge of Arbitrators	p. 89
Replacement of Arbitrators	p. 93
The Arbitral Proceedings
Transmission of the File to the Arbitral Tribunal	p. 101
Place of the Arbitration	p. 103
Rules Governing the Proceedings	p. 107
Language of the Arbitration	p. 109
Applicable Rules of Law	p. 111
Terms of Reference; Procedural Timetable	p. 115
New Claims	p. 121
Establishing the Facts of the Case	p. 123
Hearings	p. 131
Closing of the Proceedings	p. 135
Conservatory and Interim Measures	p. 137
Awards
Time Limit for the Award	p. 143
Making of the Award	p. 145
Award by Consent	p. 149
Scrutiny of the Award by the Court	p. 151
Notification, Deposit and Enforceability of the Award	p. 153
Correction and Interpretation of the Award	p. 157
Costs
Advance to Cover the Costs of the Arbitration	p. 163
Decision as to the Costs of the Arbitration	p. 171
Miscellaneous
Modified Time Limits	p. 177
Waiver	p. 181
Exclusion of Liability	p. 183
General Rule	p. 185
Conversion Tables
Destination Table: from 1975 Arbitration Rules to 1998 Arbitration Rules	p. 189
Derivation Table: from 1998 Arbitration Rules to 1975 Arbitration Rules	p. 195
Destination Table: from 1980 Internal Rules to 1998 Internal Rules	p. 203
Derivation Table: from 1998 Internal Rules to 1980 Internal Rules	p. 205
Appendices to the 1998 Arbitration Rules
Note	p. 209
Statutes of the International Court of Arbitration (Appendix I)	p. 213
Internal Rules of the International Court of Arbitration (Appendix II)	p. 215
Schedule of Arbitration Costs and Fees (Appendix III)	p. 219
Index	p. 227
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