ICC International Centre for ADR

The ICC International Centre for ADR (“Centre”) is the administrative body that oversees the application of the ICC Amicable Dispute Resolution (ADR). The Centre encompasses the ICC International Centre for Expertise and the ICC International Dispute Board Centre but is a separate entity from the ICC Court of Arbitration and its Secretariat, which exclusively manages ICC Arbitration proceedings.

The Centre works with parties to establish a holistic dispute resolution solution that meets the parties’ specific interests. Parties may choose to resolve their dispute by selecting one of the available dispute resolution methods or may customize the procedure by combining various dispute resolution techniques.

In addition, the Centre is the organizer of the annual ICC Mediation Week which takes place every year in February in Paris, France. ICC’s Mediation Week encompasses ICC’s biggest educational event, the ICC International Commercial Mediation Competition as well as the in-house counsel-focused International Mediation Conference.

KEY ISSUES:

1. What is the difference between ICC ADR and ICC Arbitration?

Both ICC ADR and ICC Arbitration are administered procedures, which require the parties to file a Request with either the ICC International Centre for ADR (“Centre”) (for ADR) or with the ICC International Court of Arbitration (“Court”) (for arbitration).

ADR (amicable dispute resolution) under the ICC ADR Rules (“ADR Rules”) aims to facilitate a settlement with the assistance of an independent neutral, most frequently through mediation. However, the ADR Rules also encompass other amicable dispute resolution techniques, for example conciliation, neutral evaluation and a variety of combinations of these and other techniques.

Arbitration under the ICC Rules of Arbitration is a formal procedure leading to a binding decision from a neutral arbitral tribunal, susceptible to enforcement pursuant to both domestic arbitration laws and international treaties such as the New York Convention.

2. Where can the meetings in ICC ADR take place?

ICC ADR meetings can take place anywhere around the world. The proceedings will be administered by the Centre at ICC headquarters in Paris, France. However, this does not oblige parties in any way to hold their ADR meetings in Paris. In fact, the majority of proceedings filed under the ICC ADR Rules provide for meetings that do not take place in Paris.

Parties may either provide for the place of the meetings in their contract or may subsequently agree on the place of the meetings, as the case may be.

Pursuant to Article 5(4) of the ADR Rules, where the parties fail to agree on the place of the meetings, the Neutral shall determine the place of any meetings to be held.

3. What is the duration of an ICC ADR proceeding?

The duration of an ICC ADR proceeding depends on the particular circumstances of the matter and can range from just a few days to a couple of months, depending on the specificities of the case and the parties’ interests.

However, on average an ICC ADR proceeding lasts about four months from the date of the Request until the settlement of the dispute or termination of the proceeding.

Usually, parties spent most of the time getting ready for the ADR and agreeing on certain procedural matters, such as thesettlement technique, place and language of the proceeding and collecting the deposit for costs. The parties’ meetings with the Neutral usually last 1 – 2 days.

Дата добавления: 2014-01-11