International Chamber of Commerce ("ICC")

A concise overview of the key procedural features, advantages, disadvantages, and practical considerations involved in arbitrations administered by the International Chamber of Commerce ("ICC").

Overview

Overview: advantages and disadvantages

ADVANTAGES	DISADVANTAGES
Privacy and confidentiality: The default position is that ICC arbitration proceedings are private and the work of the Court and the Secretariat is confidential. Parties generally agree that the proceedings shall remain confidential.	High costs: The costs of ICC arbitration proceedings tend to be higher than for arbitrations conducted under the auspices of other institutions. The ICC's fees are calculated by reference to the value of the claim whereas a number of other institutions charge by reference to an hourly rate.
Ability to choose the arbitrator(s): The parties may choose arbitrators who have expertise in the subject matter of the relevant dispute and/or who are from neutral jurisdictions.	Time-consuming: Despite efforts to streamline the process, complex cases may still take a long time to conclude, partly due to the time taken to scrutinise awards.
Enforceability of awards: ICC awards are enforceable under the New York Convention, and are often easier to enforce than the judgments of national courts.	Limited appeal options: ICC arbitral awards are final and binding, with very limited grounds for appeal or review (although some parties might consider this to be an advantage rather than a disadvantage).
Global recognition & credibility: The ICC is the most widely recognised international arbitration institution, and is trusted by businesses worldwide for resolving complex disputes.
Expertise & scrutiny: The ICC provides case management teams and a Secretariat to support arbitrators and parties throughout the process. The ICC scrutinises awards more closely than most (if not all) other international arbitration institutions. Scrutiny often delays the issuance of awards.

Overview: Process

Procedural element	Details
Rules	The current ICC Arbitration Rules (the "Rules") came into force on 1 June 2026
Commencing Proceedings	A Request for Arbitration is submitted to the ICC Secretariat and the filing fee is paid
Answer to the Request	To be submitted within 30 days of receipt of the Request Must contain the information specified in Article 5
Terms of Reference	No obligation for the Tribunal to draw up (under the previous Rules, it was mandatory for the Tribunal to draw up Terms of Reference) The tribunal retains discretion to establish Terms of Reference where appropriate
Constitution of the Tribunal	If the parties have not agreed, the Court will appoint a sole arbitrator save where it considers that the dispute warrants 3 arbitrators. If the parties have agreed to appoint a sole arbitrator, they may jointly nominate a candidate, for confirmation by the Court If the parties have agreed that the tribunal shall comprise 3 arbitrators, the usual procedure is that each party nominates 1 arbitrator and then the parties and the appointed arbitrators agree the president
Procedural Order No. 1	The first procedural order is issued during the initial case management conference, or as soon as possible thereafter.
Procedural measures	The Tribunal has a wide discretion to adopt such procedural measures to ensure effective case management. This may include bifurcation. The tribunal may also order any interim or conservatory measure it deems appropriate
Witness evidence	Written witness statements will usually stand as the witness's evidence in chief. Witnesses can be cross-examined and asked questions by the Tribunal.
Fees & costs	Fees are calculated as a percentage of the amount in dispute. The Claimant may be asked to pay a provisional advance. In the event that a Respondent refuses to pay its share of fees, the ICC Court will generally expect the Claimant to pay the whole amount to break any deadlock. The Final Award shall fix the costs of the arbitration and decide which party(ies) shall bear them and in what proportion.

Expedited arbitrations

The Rules provide for a "highly expedited" arbitration procedure ("HEAP") as well as expedited procedure provisions.

Pursuant to Article 33, the parties may agree to use the HEAP, in which case Appendix VI applies. The HEAP provides that the Tribunal should render its final award within 3 months from the date of the initial CMC.

On the other hand, the Expedited Procedure will apply if the parties agree, or if the amount in dispute does not exceed USD$4 million.

Constitution of the tribunal

Even if the parties nominate arbitrators, the Court must approve the appointment. The process involves a review of each arbitrator's:

1. Independence

2. Impartiality

3. Qualifications

Note: Emergency Arbitrators

Article 31 of the Rules provides that a party that needs urgent interim or conservatory measures that cannot await the constitution of the arbitral tribunal may apply for an emergency arbitrator in accordance with the Emergency Arbitration Rules in Appendix V. The rules allow the parties to request preliminary orders within Emergency Arbitration proceedings, including on an ex parte basis.

Arbitrator conflicts / disclosure of interest

Before appointment or confirmation, a prospective arbitrator must sign a statement of availability, impartiality and independence. The parties must also submit a list of any persons or entities that the prospective arbitrators should consider and the reasons therefor.

Any doubts as to whether to make a disclosure shall be resolved in favour of disclosure.

Note:

The 2024 IBA Guidelines on Conflicts of Interest in International Arbitration are also applied in practice. A link to those IBA Guidelines can be accessed here.

Consolidation

Article 11 enables the Court to consolidate 2 or more arbitrations into a single arbitration in 3 scenarios:

The parties have agreed to consolidation

All of the claims are made under the same arbitration agreement

The disputes are between the same parties, arise in connection with the same legal relationship and the Court finds the arbitration agreements to be compatible

Note: Consolidation of two or more arbitrations is not permitted pursuant to the HEAP.

Pleadings or memorial approach?

The Rules do not mandate one approach over the other, but rather give parties the freedom to agree on the most suitable approach for their case, subject to the tribunal's approval.

The memorial approach is frequently used when the parties are from civil law jurisdictions or in complex commercial cases involving significant amounts of documentation.

Summary judgment

Under Article 30, a party may apply to the tribunal for the early determination of a claim on the basis that:

The claim is manifestly without merit

The claim is outside the tribunal's jurisdiction

Security for costs

The Tribunal's wide case management powers under Article 23 enable it to order security for costs in appropriate cases (although such order is difficult to obtain in practice). The Tribunal may also make any interim or conservatory order under Article 29 subject to appropriate security being furnished by the requesting party.

Disclosure of documents

The Rules do not provide for the mandatory disclosure of documents. The wide case management powers under Article 23 enable the Tribunal to direct the parties to disclose the documents on which they rely together with such other documents as the other party may request. Usually this is by way of Redfern Schedule.

Hearings

Article 27 provides that a hearing shall be held if any of the parties so request, or if the tribunal on its own motion decides to hear the parties.

The Rules grant the Tribunal broad discretion to conduct hearings in person, remotely or in a hybrid form. The Tribunal may decide the form of the hearing itself after consulting the parties.

The tribunal may decide the case solely on the documents unless any of the parties requests a hearing.

Note: The practice of deciding a case solely on the documents (and so without holding a hearing) is more common when all the parties are from civil law jurisdictions.

Court's role in scrutiny of arbitral awards

Before signing any award, the tribunal shall submit it in draft form to the Court.

When scrutinising the draft award, the Court considers:

Validity and enforceability of the award; and
Requirements of mandatory law at the place of the arbitration

Note: No award may be rendered until it has been approved by the Court

Appeals

The Rules preclude appeals against final arbitral awards, including on a question of law.

This general rule is subject to any limited exceptions which may apply under the national law of the seat of the arbitration (for example, in England, on the basis that the tribunal did not have substantive jurisdiction or on grounds of serious irregularity.)

Further information

Model clause

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 [three] arbitrators appointed in accordance with the said Rules. The seat of the arbitration shall be [insert]. The law governing this arbitration agreement shall be [insert].

If you would like any further information about ICC arbitrations, please contact Clarissa Coleman at clcoleman@dacbeachcroft.com.

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