New procedural rules at ICC

On 01.03.2017 new procedural rules for ICC arbitration came into force. In the future, the reasons for a decision regarding the challenge of an arbitrator will have to be announced. The appointment of arbitrators for proceedings with state-affiliated businesses will happen at the suggestion of the court of arbitration and not by the proposal of a national committee. In order to speed up the procedure the terms of reference will have to be submitted within 30 days. The most important innovation is the introduction of a fast-track procedure for claims of a disputed value up to USD 2 Mio. Such cases shall be decided by a single judge. After the appointment of the arbitrator it will no longer be possible to submit new claims and counterclaims, unless the court of arbitration grants them. Within 15 days after the handover of the files a case management conference with the parties will take place. Requests for issuing a certificate can be rejected; the extent and the amount of written pleadings as well as the extent of written witness statements can be limited. Witness hearings can be held by video conference or telephone. The arbitration award should be passed within 6 months after the case management conference.