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ICC Arbitration Rules

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Old Jun 8, 2007 | 06:28 AM
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From: FCUK
Default ICC Arbitration Rules

Anyone know the timetable for an arbitration under the ICC rules?
















(thought not!!!!)
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Old Jun 8, 2007 | 06:38 AM
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Timeline


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Old Jun 8, 2007 | 06:43 AM
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Originally Posted by zdave87,Jun 8 2007, 10:38 PM
I'm actually reading that at the moment ... just trying to shorcut the process
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Old Jun 8, 2007 | 06:46 AM
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I believe it's 30 days (not counting weekends/holidays)
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Old Jun 8, 2007 | 06:48 AM
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Cheers, but that's just for the respondent to respond .... I am trying to work out the timetable for the whole shooting match ....
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Old Jun 8, 2007 | 06:49 AM
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I'm correcting my earlier statement.

Article 18
Terms of Reference; Procedural Timetable

1
As soon as it has received the file from the Secretariat, the Arbitral Tribunal shall draw up, on the basis of documents or in the presence of the parties and in the light of their most recent submissions, a document defining its Terms of Reference. This document shall include the following particulars:
a) the full names and descriptions of the parties;
b) the addresses of the parties to which notifications and communications arising in the course of the arbitration may be made;
c) a summary of the parties' respective claims and of the relief sought by each party, with an indication to the extent possible of the amounts claimed or counterclaimed;
d) unless the Arbitral Tribunal considers it inappropriate, a list of issues to be determined;
e) the full names, descriptions and addresses of the arbitrators;
f) the place of the arbitration; and
g) particulars of the applicable procedural rules and, if such is the case, reference to the power conferred upon the Arbitral Tribunal to act as amiable compositeur or to decide ex aequo et bono.

2
The Terms of Reference shall be signed by the parties and the Arbitral Tribunal. Within two months of the date on which the file has been transmitted to it, the Arbitral Tribunal shall transmit to the Court the Terms of Reference signed by it and by the parties. The Court may extend this time limit pursuant to a reasoned request from the Arbitral Tribunal or on its own initiative if it decides it is necessary to do so.

3
If any of the parties refuses to take part in the drawing up of the Terms of Reference or to sign the same, they shall be submitted to the Court for approval. When the Terms of Reference have been signed in accordance with Article 18(2) or approved by the Court, the arbitration shall proceed.

4
When drawing up the Terms of Reference, or as soon as possible thereafter, the Arbitral Tribunal, after having consulted the parties, shall establish in a separate document a provisional timetable that it intends to follow for the conduct of the arbitration and shall communicate it to the Court and the parties. Any subsequent modifications of the provisional timetable shall be communicated to the Court and the parties.
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Old Jun 8, 2007 | 06:56 AM
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The terms of reference only set out what the arbitration is going to decide. I want to know how long, from service of the request for arbitration, it is going to be before we get an award ....
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Old Jun 8, 2007 | 07:01 AM
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Article 24
Time Limit for the Award

1
The time limit within which the Arbitral Tribunal must render its final Award is six months. Such time limit shall start to run from the date of the last signature by the Arbitral Tribunal or by the parties of the Terms of Reference or, in the case of application of Article 18(3), the date of the notification to the Arbitral Tribunal by the Secretariat of the approval of the Terms of Reference by the Court.
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Old Jun 8, 2007 | 07:09 AM
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Cheers Dave, just got there as well

I don't think they are going to be able to hit that date ... oh well, we'll see
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Old Jun 8, 2007 | 07:12 AM
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