Rules of Arbitration Agreement

What is an arbitration agreement? This is usually a clause in a broader contract in which you agree to settle any dispute that arises with your counterpart amicably through arbitration. Arbitration agreements are common in consumer and employment contracts, but they can be additions to any contract negotiation when one or both parties want to avoid the possibility of future lawsuits. (5) The Court shall determine the administrative costs of any arbitration by the ICC at its discretion or, if the amount in dispute is not indicated, at its own discretion. Where the parties have agreed on additional services or in exceptional circumstances, the Court may set the ICC`s administrative costs below or above the amount that would result from the application of that key, provided that such costs cannot, as a general rule, exceed the maximum amount of the key. (1) A party wishing to have recourse to an emergency arbitrator in accordance with Article 29 of the ICC Arbitration Rules (the “Rules”) shall submit its request for emergency measures (the “Request”) to the secretariat of one of the bodies listed in the Rules of Procedure of the Court of Justice in Annex II to the Rules of Procedure. (2) The request shall be submitted in a number of copies sufficient to provide one copy for each party, as well as one for the emergency arbitrator and one for the secretariat. The application may contain other documents or information that the applicant considers appropriate or that may contribute to the effective review of the application. (4) The request shall be made in the language of the arbitration if the parties have agreed to do so or, in the absence of such an agreement, in the language of the arbitration agreement. (5) If, and in so far as the President of the Court (the “President”) considers, on the basis of the information contained in the application, that the provisions relating to the emergency arbitrator are applicable, with reference to Article 29(5) and Article 29(6) of the Rules of Procedure, the Secretariat shall transmit to the applicant a copy of the application and the documents annexed thereto. If and to the extent that the President intends to do otherwise, the Secretariat shall inform the parties that urgent arbitration proceedings cannot take place in respect of all or some of the parties and shall send them a copy of the request for information.

(6) The President shall terminate the emergency arbitration procedure if the Secretariat has not received a request for arbitration within 10 days of receipt of the request by the Secretariat, unless the urgent arbitrator determines that a longer period is necessary. (4) The advance on costs fixed by the Court in accordance with Article 37(2) or Article 37(4) of the Rules of Procedure shall comprise the fees of the arbitrator(s) (`arbitrators`), the arbitration costs incurred by the arbitrator and the administrative costs of the ICC. (1) The President and the members of the Secretariat of the Court of Justice shall not act as arbitrators or defence counsel in cases submitted to ICC arbitration. In addition, arbitration allows for more creative decisions than civil courts. For example, if you sue your former employer for unlawful dismissal, the court can only award you financial damages, according to Cole and Blankley. On the other hand, an arbitrator could also (or instead) award damages to the company to reinstate you. The application of the law of the registered office is reflected in the Firstlink case.9 In this case, one party requested that the arbitration be enforced on the basis of an arbitration clause providing for proceedings before the Arbitration Institute of the Stockholm Chamber of Commerce, based in Sweden. The choice of law clause applicable to the underlying agreement provided that it “shall be governed and construed in accordance with the laws of the Arbitration Institute of the Stockholm Chamber of Commerce”.

Therefore, the other party opposed the action to force arbitration on the grounds that the arbitration agreement was null and void. The Supreme Court of Singapore explicitly objected to the rebuttable presumption raised in SulAmérica, stating that “it cannot always be assumed that commercial parties want the same legal system to regulate their relationship with the performance of substantive obligations under the contract and the very different (and often unfortunate) dispute settlement relationship when problems arise.” The Court held that, in the absence of an express choice of law, it must be presumed that the parties implicitly chose the law of the arbitral tribunal to govern their arbitration agreement. Of all the approaches, none is individually perfect for determining which law is applicable to the arbitration agreement if the parties do not do so beforehand. However, there is a good recipe behind most of the suggestions overall. (1) In accordance with Article 29(2) of the Rules of Procedure, the decision of the emergency arbitrator shall take the form of a decision (the `Order`). (2) In the order, the emergency arbitrator shall decide whether the claim is admissible in accordance with Article 29(1) of the Rules of Procedure and whether the emergency arbitrator is competent to order emergency measures. 3) The order must be made in writing and must be justified. It is dated and signed by the emergency arbitrator. 4. The decision shall be taken no later than 15 days after the date on which the file was transmitted to the emergency arbitrator in accordance with Article 2(3) of this Annex.

The President may, at the reasoned request of the emergency arbitrator or on his own initiative, extend the time limit if he considers it necessary […].