The International Chamber of Commerce (the
ICC) has hit the ground running in the new year with its 2021 Arbitration Rules (the
2021 Rules), which came into force on and apply to cases filed from 1 January 2021. The 2021 Rules mark the second update of arbitration rules by a major arbitral institution after the beginning of the COVID-19 pandemic. As covered in our previous client alert, the 2020 Arbitration Rules of the London Court of International Arbitration (the
LCIA) took effect three months ago, on 1 October 2020 (the
2020 LCIA Rules).
This alert discusses the key changes introduced by the 2021 Rules and highlights points of convergence with the recent updates introduced by the 2020 LCIA Rules.
2021 ICC Arbitration Rules Come Into Force Friday, January 8, 2021
ICC”) launched the Revised Rules of Arbitration (“
2021 ICC Rules”), on 1 December 2020.
1 The 2021 ICC Rules enter into force on January 1, 2021. The ICC Arbitration Rules 2017 (“
2017 ICC Rules”) will continue to apply to cases registered prior to January 1, 2021.
2 The amendments in the 2021 ICC Rules are a step towards greater efficiency, flexibility and transparency in ICC arbitrations.
3
Joinder of Parties and Consolidation of Proceedings;
Disclosure of Third-Party Funding;
Provisions for Investment Treaty Arbitrations;
Remote Hearings;
Governing Law and Settlement of Disputes
We are glad to have comments and inputs from leading arbitrators, practitioners and ICC members around the world on the implications of the 2021 ICC Rules.
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In an important development for businesses engaged in cross-border transactions, the International Chamber of Commerce has amended its arbitration rules effective January 1, 2021. The amendments are designed to increase the efficiency, flexibility, and transparency of ICC arbitrations, while largely maintaining the core provisions that have made the ICC one of the most popular international arbitration institutions in the world. As a result, ICC arbitration may be an attractive option for parties who may have previously viewed ICC proceedings as too slow and expensive.
Although some of the amendments were designed to overcome challenges posed by COVID-19, they should continue to make ICC arbitration more flexible and efficient long after the pandemic has ended. For example, the rules now expressly empower the arbitral tribunal to conduct hearings remotely. As many arbitrators and practitioners have learned during the pand
Wednesday, December 16, 2020
In an important development for businesses engaged in cross-border transactions, the International Chamber of Commerce has amended its arbitration rules effective January 1, 2021. The amendments are designed to increase the efficiency, flexibility, and transparency of ICC arbitrations, while largely maintaining the core provisions that have made the ICC one of the most popular international arbitration institutions in the world. As a result, ICC arbitration may be an attractive option for parties who may have previously viewed ICC proceedings as too slow and expensive.
Although some of the amendments were designed to overcome challenges posed by COVID-19, they should continue to make ICC arbitration more flexible and efficient long after the pandemic has ended. For example, the rules now expressly empower the arbitral tribunal to conduct hearings remotely. As many arbitrators and practitioners have learned during the pandemic, virtual hearings