The ICC’s 2021 Arbitration Rules Bring New Focus on Efficiencies and Streamlined Processes

This article first appeared on Allen & Overy LLP’s website on 25 November 2020, here

The International Chamber of Commerce (the ICC) has published its revised 2021 Arbitration Rules (2021 Rules). The 2021 Rules, which will apply to all arbitrations registered after 1 January 2021, make a number of important changes and incremental improvements to the current Rules, which have been in force since March 2017 (2017 Rules).

The key changes made in the 2021 Rules, which are most likely to be of interest to, and directly affect, users of ICC arbitration, include:

  • A shift toward the increased use of technology, in particular in relation to virtual or remote hearings, and a presumption in favour of electronic copies of pleadings and communications, rather than hardcopies;
  • Additional rules around the nationality of arbitrators and party representatives to ensure complete neutrality and avoid conflicts of interest;
  • A more flexible approach to the consolidation of multiple arbitrations and the joinder of additional parties;
  • More transparency as regards the use of third party funding; and
  • An increased threshold of USD3million for Expedited Procedure to apply automatically.

In addition, the ICC has moved to ensure that any disputes brought against the institution itself, in relation to its activities administering arbitrations, are governed by French law and are under the exclusive jurisdiction of the Paris courts. This follows several disputes brought against the ICC.

Please see the complete publication here.

author

Anna Massar

Anna heads the international arbitration practice in Germany. She focuses on international commercial arbitration and advises on all stages of dispute resolution. Anna acts as lead counsel in international commercial arbitrations, in particular in the energy, plant engineering and renewable energies sectors. She also advises on disputes under long-term contracts…

Featured Arbitrators

ad
View all
ad

Read these next

Category

AAA Promulgates New Supplementary Procedures for Multiple Case Filings

This article first appeared on Securities Arbitration Alert, here. In what we are certain is a reaction to a flurry of multiple individual arbitrations that relate to the same event,...

By George Friedman
Category

Article 12(9) of new ICC Rules: is party autonomy really being eroded?

First published on Thomson Reuters Practical Law Arbitration Blog, here. The principle of party autonomy is expressed and enshrined in section 34(1) of the English Arbitration Act 1996: the right of...

By Ruth Hosking
Category

Dispute on Arbitrability Needs an Arbitrator

This article first appeared on McDermott Will & Emery’s IP Update, here. The US Court of Appeals for the Federal Circuit found that a license agreement between two parties required...

By Ralph E. Gaskins

Find an Arbitrator

X
X
X