The International Chamber of Commerce (ICC) has launched a much anticipated revised version of its Rules of Arbitration. The revised Rules come into effect on 1 January 2012, replacing the current ICC Rules that have been in place since 1998. They will apply to any arbitration commenced in the New Year, unless otherwise expressly agreed between the parties.

The revisions to the Rules bring them more in line with the UNCITRAL Arbitration Rules, the London Court of International Arbitration Rules and the IBA Guidelines on Conflicts of Interest in International Arbitration.

The aim of the revised Rules is to better serve the existing and future needs of businesses and governments engaged in international commerce and investment treaties. The principle changes to the Rules are as follows:

• Joinder of Parties: Additional parties may be joined to an existing arbitration (before the appointment of an arbitrator)
• Multiple Claims: Claims arising out of multiple contracts may be heard as a single arbitration
• Costs: There is now an express rule that wasteful tactics are a factor to be considered in allocating costs. Both the parties involved and the arbitrators are also obliged to make every effort to conduct the arbitration in a timely and cost-effective manner.  
• Emergency Arbitrator Mechanism: Parties seeking urgent interim relief may apply for an “emergency arbitrator”. This is a significant development and reflective of the changing needs of end-users
• Arbitrator Independence: The independence and impartiality of arbitrators is strengthened
• Case Management Procedures: A case management conference must now form part of the arbitral process. The conference may be conducted in person, by video conference, telephone or other similar means of communication
• Administration of Arbitration: The Rules clarify that the ICC Court of International Arbitration is the only body that can administer arbitrations under the Rules and scrutinize and approve  awards made  

In promoting transparency and seeking time and cost efficiencies, the revised Rules recognise and seek to address the needs of parties and the increasing complexity and nature of today’s international business disputes.

Parties will need to expressly adopt these Rules in commercial contracts should they wish them to apply in lieu of the legislation governing international arbitration in Ireland, namely, the Arbitration Act 2010.

Contributed by Jarleth Heneghan; Cassandra Byrne.

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