The International Chamber of Commerce along with The London Court of International Arbitration have introduced revised practice notes by the end of October.
The ICC amended its ““Note to Parties and Arbitral Tribunals on the Conduct of the Arbitration under the ICC Rules of Arbitration” and added a section “Expeditious Determination of Manifestly Unmeritorious Claims or Defenses”. With these amendments ICC is hoping to increase efficiency of the proceedings. One of the amended paragraphs is Article 22 which states:
- A tribunal may adopt procedural steps it considers appropriate to ensure effective case management (paragraph 59).
- An application for an expeditious determination must be made as promptly as possible after the filing of the relevant claims or defenses (paragraph 60).
- A tribunal can make the decision on the application by way of procedural order or arbitral award. If the tribunal renders an award, the ICC Court will scrutinize this award in principle within one week of receipt by the Secretariat (paragraphs 63 and 64).
Note to parties and arbitral tribunals on the conduct of arbitration under the ICC rules of arbitration: https://cdn.iccwbo.org/content/uploads/sites/3/2017/03/icc-note-to-parties-and-arbitral-tribunals-on-the-conduct-of-arbitration.pdf
As for the LCIA, the amendments focused on the increased use of tribunal secretaries in international arbitration. Section eight (paragraphs 68-82), deals with the tribunal secretaries’ role, the proposal of their use, the parties’ necessary acceptance and their removal/replacement. Three main points are discussed in the use of tribunal secretaries from the LCIA practice note:
- A tribunal may in no circumstances delegate its fundamental decision-making function to the secretary.
- A tribunal who intends to use a secretary should make a respective proposal to the parties, including the exact tasks to be carried out by the secretary and including an hourly rate if the tribunal secretary is to be paid an hourly rate for their work.
- Both parties need to consent to the use of the tribunal secretary and to the individual person proposed.
LCIA Notes for Arbitrators: http://www.lcia.org//adr-services/lcia-notes-for-arbitrators.aspx#8. SECRETARIES TO TRIBUNALS