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ICC International Court of Arbitration is an institution for the resolution of international commercial disputes. It operates under the auspices of the International Chamber of Commerce and consists of more than 100 arbitrators from roughly 90 countries. [1] The ICC does not issue formal judgements.
ICC Arbitration is a private procedure that leads to a binding and enforceable decision. The International Court of Arbitration of the International Chamber of Commerce steers ICC Arbitration and has received over 28,000 cases since its inception in 1923. [7] Over the past decade, the court's workload has considerably expanded.
The primary advantage of arbitration over court litigation is enforceability: an arbitration award is enforceable in most countries in the world. Other advantages of arbitration include the ability to select a neutral forum to resolve disputes, that arbitration awards are final and not ordinarily subject to appeal, the ability to choose ...
International arbitration is an alternative to local court procedures. International arbitration has different rules than domestic arbitration, [6] and has its own non-country-specific standards of ethical conduct. [7] The process may be more limited than typical litigation and forms a hybrid between the common law and civil law legal systems. [8]
However, many awards under other arbitration rules are not public and, in the case of investor-arbitration at the ICC, there is a requirement for blanket confidentiality for all aspects of a case. It is further pointed out that judges are not elected in most countries outside the US, so that "public accountability of judges" may not be ...
Arbitration in the zone is governed by a separate set of Arbitration Rules issued by the Shanghai International Arbitration Center (SHIAC). These introduce several reforms favourable to foreign investment in the FTZ, including emergency arbitration, hybrid mediation/arbitration, and lower barriers to summary procedure.
The Institute issued the International Standby Practices (ISP98) (ICC Publication 590). Its principles have also played an important role in the revision of U.S. UCC Article 5, the formation of the United Nations Convention on Independent Guarantees and Standby Letters of Credit, the eUCP, and the International Standard Banking Practice (ISBP).
On its website, UNCITRAL explains the difference as follows: "The UNCITRAL Model Law provides a pattern that law-makers in national governments can adopt as part of their domestic legislation on arbitration. The UNCITRAL Arbitration Rules, on the other hand, are selected by parties either as part of their contract, or after a dispute arises, to ...