<АРБИТРАЖНЫЙ И ПРИМИРИТЕЛЬНЫЙ РЕГЛАМЕНТЫ МЕЖДУНАРОДНОЙ ТОРГОВОЙ ПАЛАТЫ> [англ.](Вместе с <УСТАВОМ МЕЖДУНАРОДНОГО АРБИТРАЖНОГО СУДА>, <ВНУТРЕННИМ РЕГЛАМЕНТОМ МЕЖДУНАРОДНОГО АРБИТРАЖНОГО СУДА>, <ШКАЛОЙ РАСХОДОВ ПО ПРИМИРЕНИЮ И АРБИТРАЖУ>)(Публикация Международной торговой палаты n 581)


INTERNATIONAL CHAMBER OF COMMERCE
INTERNATIONAL COURT OF ARBITRATION
RULES OF ARBITRATION AND
RULES OF CONCILIATION
(ICC publication No. 581)
FOREWORD
During the last quarter of the twentieth century, international commercial arbitration has gained worldwide acceptance as the normal means of resolving international commercial disputes. National laws on arbitration have been modernized on all continents. International treaties on arbitration have been signed or adhered to with impressive success. Arbitration has become part of the curriculum of large numbers of law schools. With the gradual removal of political and trade barriers and the rapid globalization of the world economy, new challenges have been created for arbitration institutions in response to the growing demand of parties for certainty and predictability, greater rapidity and flexibility as well as neutrality and efficacy in the resolution of international disputes. There has been a substantial increase not only in the number of cases, their complexity, the amounts in dispute and the diversity of the parties, but also in the demands made on the process by the parties.
Since the International Court of Arbitration was established in 1923, ICC arbitration has been constantly nourished by the experience gathered by the ICC International Court of Arbitration in the course of administering some ten thousand international arbitration cases, now involving each year parties and arbitrators from over 100 countries and from a diversity of legal, economic, cultural and linguistic backgrounds.
The present ICC Rules of Arbitration, in effect as of 1 January 1998, constitute the first major revision of the Rules in more than 20 years, following an intensive, worldwide consultation process. The changes made are designed to reduce delays and ambiguities and to fill certain gaps, taking into account the evolution of arbitration practice. The basic features of the ICC arbitration system have not been altered, however, notably its universality and flexibility, as well as the central role played by the ICC Court in the administration of arbitral cases.
Every ICC arbitration is conducted by an arbitral tribunal with responsibility for examining the merits of the case and rendering a final award. Each year, ICC arbitrations are held in some 40 countries, in several languages and with arbitrators of some 60 different nationalities. The work of those arbitral tribunals is monitored by the ICC Court, which meets at least three (and often four) times a month all year round. Currently composed of some 65 members from over 55 countries, the Court organizes and supervises arbitrations held under the ICC Rules of Arbitration. The Court must remain constantly alert to changes in the law and the practice of arbitration in all parts of the world and must adapt its working methods to the evolving needs of parties and arbitrators. For the day-to-day management of cases in several languages, the ICC Court is supported by a Secretariat based at the headquarters of the International Chamber of Commerce, in Paris.
Although the ICC Rules of Arbitration have been especially designed for arbitrations in an international context, they may also be used for non-international cases.
The first prints of the 1998 ICC Rules (November 1997 & May 1998) contained certain typographical errors which have been corrected for this reprint. Also, one correction was brought to Article 8 (4) which resolves a discrepancy between the French and English versions (which are both official). The words "by the Court" at the end of the first sentence of Article 8 (4) have been deleted in view of the fact that arbitrators may also be confirmed by the Secretary General under Article 9 (2). The same correction was brought to Article 2 (2) of Appendix II.
The ICC Rules of Optional Conciliation
The current ICC Rules of Conciliation came into force on 1 January 1988. Conciliation is a process independent of arbitration. It remains entirely optional unless the parties have otherwise agreed. The ICC Rules of Arbitration do not require the parties to attempt conciliation prior to commencing an arbitration. So, too, the Rules of Optional Conciliation permit conciliation to be attempted without requiring that the dispute be referred to arbitration thereafter if the conciliation effort is unsuccessful.
STANDARD ICC ARBITRATION CLAUSE
The ICC recommends that all parties wishing to make reference to ICC arbitration in their contracts use the following standard clause.
Parties are reminded that it may be desirable for them to stipulate in the arbitration clause itself the law governing the contract, the number of arbitrators and the place and language of the arbitration. The parties" free choice of the law governing the contract and of the place and language of the arbitration is not limited by the ICC Rules of Arbitration.
Attention is called to the fact that the laws of certain countries require that parties to contracts expressly accept arbitration clauses, sometimes in a precise and particular manner.
English
"All disputes arising out of or in connection with the present contract shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules."
Russian
"Любые споры, возникающие из настоящего контракта или в связи с ним, подлежат окончательному урегулированию в соответствии с Арбитражным Регламентом Международной Торговой Палаты, одним или несколькими арбитрами, назначенными в соответствии с этим Регламентом".
RULES OF ARBITRATION
OF THE INTERNATIONAL CHAMBER OF COMMERCE
INTRODUCTORY PROVISIONS
Article 1
International Court of Arbitration
1. The International Court of Arbitration (the "Court") of the International Chamber of Commerce (the "ICC") is the arbitration body attached to the ICC. The statutes of the Court are set forth in Appendix I. Members of the Court are appointed by the Council of the ICC. The function of the Court is to provide for the settlement by arbitration of business disputes of an international character in accordance with the Rules of Arbitration of the International Chamber of Commerce (the "Rules"). If so empowered by an arbitration agreement, the Court shall also provide for the settlement by arbitration in accordance with these Rules of business disputes not of an international character.
2. The Court does not itself settle disputes. It has the function of ensuring the application of these Rules. It draws up its own Internal Rules (Appendix II).
3. The Chairman of the Court, or, in the Chairman"s absence or otherwise at his request, one of its Vice-Chairmen shall have the power to take urgent decisions on behalf of the Court, provided that any such decision is reported to the Court at its next session.
4. As provided for in its Internal Rules, the Court may delegate to one or more committees composed of its members the power to take certain decisions, provided that any such decision is reported to the Court at its next session.
5. The Secretariat of the Court (the "Secretariat") under the direction of its Secretary General (the "Secretary General") shall have its seat at the headquarters of the ICC.
Article 2
Definitions
In these Rules:
i) "Arbitral Tribunal" includes one or more arbitrators.
ii) "Claimant" includes one or more claimants and "Respondent" includes one or more respondents.
iii) "Award" includes, inter alia, an interim, partial or final Award.
Article 3
Written Notifications or Communications; Time Limits
1. All pleadings and other written communications submitted by any party, as well as all documents annexed thereto, shall be supplied in a number of copies sufficient to provide one copy for each party, plus one for each arbitrator, and one for the Secretariat. A copy of any communication from the Arbitral Tribunal to the parties shall be sent to the Secretariat.
2. All notifications or communications from the Secretariat and the Arbitral Tribunal shall be made to the last address of the party or its representative for whom the same are intended, as notified either by the party in question or by the other party. Such notification or communication may be made by delivery against receipt, registered post, courier, facsimile transmission, telex, telegram or any other means of telecommunication that provides a record of the sending thereof.
3. A notification or communication shall be deemed to have been made on the day it was received by the party itself or by its representative, or would have been received if made in accordance with the preceding paragraph.
4. Periods of time specified in, or fixed under the present Rules, shall start to run on the day following the date a notification or communication is deemed to have been made in accordance with the preceding paragraph. When the day next following such date is an official holiday, or a non-business day in the country where the notification or communication is deemed to have been made, the period of time shall commence on the first following business day. Official holidays and non-business days are included in the calculation of the period of time. If the last day of the relevant period of time granted is an official holiday or a non-business day in the country where the notification or communication is deemed to have been made, the period of time shall expire at the end of the first following business day.
COMMENCING THE ARBITRATION
Article 4
Request for Arbitration
1. A party wishing to have recourse to arbitration under these Rules shall submit its Request for Arbitration (the "Request") to the Secretariat, which shall notify the Claimant and Respondent of the receipt of the Request and the date of such receipt.
2. The date on which the Request is received by the Secretariat shall, for all purposes, be deemed to be the date of the commencement of the arbitral proceedings.
3. The Request shall, inter alia, contain the following information:
a) the name in full, description and address of each of the parties;
b) a description of the nature and circumstances of the dispute giving rise to the claims;
c) a statement of the relief sought, including, to the extent possible, an indication of any amount(s) claimed;
d) the relevant agreements and, in particular, the arbitration agreement;
e) all relevant particulars concerning the number of arbitrators and their choice in accordance with the provisions of Articles 8, 9 and 10, and any nomination of an arbitrator required thereby; and
f) any comments as to the place of arbitration, the applicable rules of law and the language of the arbitration.
4. Together with the Request, the Claimant shall submit the number of copies thereof required by Article 3 (1) and shall make the advance payment on administrative expenses required by Appendix III ("Arbitration Costs and Fees") in force on the date the Request is submitted. In the event that the Claimant fails to comply with either of these requirements, the Secretariat may fix a time limit within which the Claimant must comply, failing which the file shall be closed without prejudice to the right of the Claimant to submit the same claims at a later date in another Request.
5. The Secretariat shall send a copy of the Request and the documents annexed thereto to the Respondent for its Answer to the Request once the Secretariat has sufficient copies of the Request and the required advance payment.
6. When a party submits a Request in connection with a legal relationship in respect of which arbitration proceedings between the same parties are already pending under these Rules, the Court may, at the request of a party, decide to include the claims contained in the Request in the pending proceedings provided that the Terms of Reference have not been signed or approved by the Court. Once the Terms of Reference have been signed or approved by the Court, claims may only be included in the pending proceedings subject to the provisions of Article 19.
Article 5
Answer to the Request; Counterclaims
1. Within 30 days from the receipt of the Request from the Secretariat, the Respondent shall file an Answer (the "Answer") which shall, inter alia, contain the following information:
a) its name in full, description and address;
b) its comments as to the nature and circumstances of the dispute giving rise to the claim(s);
c) its response to the relief sought;
d) any comments concerning the number of arbitrators and their choice in light of the Claimant"s proposals and in accordance with the provisions of Articles 8, 9 and 10, and any nomination of an arbitrator required thereby; and
e) any comments as to the place of arbitration, the applicable rules of law and the language of the arbitration.
2. The Secretariat may grant the Respondent an extension of the time for filing the Answer, provided the application for such an extension contains the Respondent"s comments concerning the number of arbitrators and their choice, and, where required by Articles 8, 9 and 10, the nomination of an arbitrator. If the Respondent fails to do ,so, the Court shall proceed in accordance with these Rules.
3. The Answer shall be supplied to the Secretariat in the number of copies specified by Article 3 (1).
4. A copy of the Answer and the documents annexed thereto shall be communicated by the Secretariat to the Claimant.
5. Any counterclaim(s) made by the Respondent shall be filed with its Answer and shall provide:
a) a description of the nature and circumstances of the dispute giving rise to the counterclaim(s); and
b) a statement of the relief sought, including, to the extent possible, an indication of any amount(s) counterclaimed.
6. The Claimant shall file a Reply to any counterclaim within 30 days from the date of receipt of the counterclaim(s) communicated by the Secretariat. The Secretariat may grant the Claimant an extension of time for filing the Reply.
Article 6
Effect of the Arbitration Agreement
1. Where the parties have agreed to submit to arbitration under the Rules, they shall be deemed to have submitted ipso facto to the Rules in effect on the date of commencement of the arbitration proceedings unless they have agreed to submit to the Rules in effect on the date of their arbitration agreement.
2. If the Respondent does not file an Answer, as provided by Article 5, or if any party raises one or more pleas concerning the existence, validity or scope of the arbitration agreement,

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