INTERNATIONAL CHAMBER OF COMMERCE - PARIS
LONDON COURT OF INTERNATIONAL ARBITRATION
ISTANBUL ARBITRATION CENTRE
Effective Date
January 1, 2012
October 1, 2014
October 26, 2015
Deemed Date of Initiation
Receipt date of request for arbitration by the Secretariat.
(Article 4, Paragraph 2)
Receipt date of request for arbitration by the Registrar.
(Article 1, Paragraph 4)
Receipt date of request for arbitration by the Secretariat.
(Article 7, Paragraph 1)
Time Limit to File a Reply to the Request ofArbitration
30 days as from receipt date of the request for arbitration byrespondent.
(Article 5, Paragraph 1)
28 days as from receipt date of the request for arbitration byrespondent.
(Article 2, Paragraph 1)
30 days as from receipt date of the request for arbitration byrespondent.
(Article 8, Paragraph 1)
Statement of Claim/Case
No statement of claim is submitted as per these rules, since therequest for arbitration including nature and circumstances of thedispute is deemed as statement of claim.
(Article 4, Paragraph 3)
Claimant may either submit a separate statement of caseconsisting of legal grounds, facts and nature of the claim within28 days as of receipt date of notification of the ArbitralTribunal's formation by the Registrar, or deliver in writingfor treatment of the request for arbitration as the same.
(Article 15, Paragraph 2)
The claimant may submit its statement of claim directly to theSecretariat, instead of a Request for Arbitration.
(Article 7, Paragraph 7)
Statement of Defence
No statement of defence is submitted as per these rules, sincethe reply to the request for arbitration including respondent'sdefences is deemed as statement of defence.
(Article 5, Paragraph 1)
Respondent may either submit a separate statement of defenceconsisting of legal grounds and facts or deliver in writing fortreatment of its response as the same, within 28 days as of receiptdate of the statement of case or the claimant's statement totreat the request as the statement of case.
(Article 15, Paragraph 3)
If the arbitration is initiated directly by a statement ofclaim, the respondent may opt to submit a statement of defence oranswer to request for arbitration.
(Article 8, Paragraph 7)
Counterclaim
With the answer to the request for arbitration.
(Article 5, Paragraph 5)
With the answer to the request for arbitration and/or statementof defence.
(Article 2 and Article 15)
With the answer to the request for arbitration and/or statementof defence.
(Article 8, Paragraph 8)
Amendments to Claim and Defence
Not provided.
The arbitral tribunal is entitled to allow any party to amend orsupplement any claim.
(Article 22, Paragraph 1)
Not provided.
Number of Arbitrators
Sole arbitrator or three arbitrators.
(Article 12)
Unless otherwise agreed in writing, or the LCIA Court deemsthree arbitrators(exceptionally more than three) appropriate, solearbitrator
(Article 5, Paragraph 8)
Unless an uneven number of arbitrators is agreed by the parties,the Board is entitled to decide on either a sole arbitrator, orthree arbitrators.
(Article 13)
Appointment of Arbitrators
The parties may nominate the arbitrators for confirmation by theCourt or the Secretary General. Otherwise, the Court makes theappointment.
In case of three arbitrators, the third arbitrator to act as apresident is appointed by the Court, or the parties agree on adifferent procedure for nomination which is subject toconfirmation.
The LCIA Court has the exclusivity in appointment of thearbitrators, by taking into account the agreement and jointnomination of the parties.
(Article 5, Paragraph 7)
Where the parties or a party fail to choose an arbitrator, theBoard makes the appointment
In case of formation of an arbitral tribunal, two arbitratorschosen or appointed shall determine the third arbitrator within 15days, or the Board makes the appointment.
(Article 14)
Nationality of Arbitrators
The sole arbitrator or the president of the arbitral tribunalmust be of different nationality than the parties, except forsuitable circumstances where the parties do not raise anobjection.
(Article 13, Paragraph 5)
The sole arbitrator or the presiding arbitrator must be ofdifferent nationality than the parties, where the parties are ofdifferent nationalities. Except, the party of different nationalitymay consent in writing.
(Article 6)
Not provided.
Place of Arbitration
Unless agreed upon by the parties, the ICC Court shall determinethe place of arbitration.
(Article 18, Paragraph 1)
Unless agreed upon by the parties before formation of ArbitralTribunal, or otherwise determined by the Arbitral Tribunal; placeof arbitration shall be London, England.
(Article 16, Paragraph 2)
Unless otherwise mutually determined by the parties, place ofarbitration shall be Istanbul.
(Article 23, Paragraph 1)
Language of Arbitration
Unless there is an agreement between the parties, the ArbitralTribunal shall fix the language of arbitration.
(Article 20)
Unless otherwise agreed the language of arbitration agreementshall prevail. In case that it is written more than one language,the LCIA Court shall determine the language of arbitration.
(Article 17, Paragraph 1- 2)
In the absence of an agreement by parties, the Arbitral Tribunalshall fix the language of arbitration.
(Article 24, Paragraph 1)
Applicable Rules of Law
When not determined by parties, the Arbitral Tribunal shallapply the rules of law it deems appropriate to apply to thedispute.
(Article 21)
When not determined by parties, the Arbitral Tribunal shallapply the law deemed appropriate to apply to the dispute.
(Article 22, Paragraph 3)
When not determined by parties, the Arbitral Tribunal shallapply the law deemed appropriate for the dispute.
(Article 25, Paragraph 1)
Terms of Reference
A summary of the claim and issues in dispute and particulars ofthe procedure is prepared by the Arbitral Tribunal and signed byboth parties at the outset of the proceedings.
Issuance of terms of reference is not optional.
(Article 23)
Not provided.
Unless agreed otherwise by the parties, a summary of the claimand issues in dispute and particulars of the procedure is preparedby the Sole Arbitrator or the Arbitral Tribunal and signed by bothparties at the outset of the proceedings. Issuance of terms ofreference is optional.
(Article 26)
Hearings & Evidence
Subsequent to reviewing written evidence, the Arbitral Tribunalis entitled to hear parties, witnesses, experts or any otherperson. After having consulted with the parties, it can alsoappoint experts. Unless a hearing is not requested by one of theparties, the Arbitral Tribunal may also decide solely ondocumentation.
(Article 25-26)
Unless the parties have agreed upon documents-only arbitration,the Arbitral Tribunal is obliged to hold hearing, and also entitledto hear parties, witnesses, experts or any other person. Afterhaving consulted with the parties, it can also appoint experts.
(Article 19-20-21)
Upon request or ex officio, the Sole Arbitrator or ArbitralTribunal may hear parties, witnesses, experts or any other person.After having consulted with the parties, it may also appointexperts. After having consulted with the parties, the SoleArbitrator or Arbitral Tribunal may also decide solely ondocumentation.
(Article 29-30)
Form of the Hearing
Procedural and other hearings may be held via telephone or videoconferencing where attendance in person is not essential
(Appendix IV)
Hearings may be held via video or telephone conference or inperson, or combination of all three.
(Article 19)
Not provided.
Parties' Failure to AttendHearings
Although duly summoned, should the parties not appear before theArbitral Tribunal without any reasonable excuse, the ArbitralTribunal may proceed with the hearing.
(Article 26, Paragraph 2)
Not provided.
Although duly summoned, should the parties not appear before theArbitral Tribunal without any reasonable excuse, the SoleArbitrator or Arbitral Tribunal may proceed with the hearing.
(Article 30, Paragraph 2)
Interim Measures
Unless otherwise agreed by the parties, as soon as the file hasbeen transmitted to the Arbitral Tribunal, it may order any interimor conservatory measure it deems appropriate at the request of aparty. The Arbitral Tribunal may require the provision of asecurity by requesting party.
(Article 28, Paragraph 1)
The Arbitral Tribunal is entitled, by allowing all parties torespond to such application, (i)to to provide security for all orpart of the amount in dispute, (ii) order the preservation, storageor disposal of any property under the control of the parties andrelating to the subject matter of the arbitration and (iii) on aprovisional basis, subject to the final determination in an awardgrant any relief the Arbitral Tribunal would have the power togrant in an award.
(Article 25)
Unless otherwise agreed by the parties, as soon as the file hasbeen transmitted to the Arbitral Tribunal, it may order any interimmeasure it deems appropriate at the request of a party. TheArbitral Tribunal may require the provision of a security byrequesting party.
(Article 31)
Confidentiality
Upon request, the arbitral Tribunal may make orders and takemeasures regarding the confidentiality of the arbitrationproceedings and protection of trade secrets and confidentialinformation.
(Article 22, Paragraph 3)
As a general principle, the parties undertake to keep all awardsand materials of arbitration confidential, save as required by anyapplicable law.
(Article 30, Paragraph 1)
Unless otherwise agreed by the parties, the arbitrationproceedings are confidential. Upon request, the Sole Arbitrator orArbitral Tribunal may also make orders and take measures regardingthe confidentiality of the arbitration and proceedings, andprotection of trade secrets and confidential information
(Article 21)
Time Limit for Final ArbitralAward
Within 6 months as of the date of last signature on the Terms ofReference. This time limit may be extended by the Court.
(Article 30)
No time limit is foreseen. The Arbitral Tribunal may also makeseparate awards on different issues at different times.
(Article 26)
Within 6 months as of notification of approval of the Terms ofReference to the Arbitral Tribunal by the Secretariat. This timelimit may be extended by the Court.
(Article 33)
Quorum to Render the Arbitral Award (except for aSole Arbitrator)
Majority or, in case of failure to constitute the majority;solely by the president of the Arbitral Tribunal.
(Article 31)
Majority or, in case of failure to constitute the majority;solely by the president of the Arbitral Tribunal.
(Article 26, Paragraph 5)
Majority or, in case of failure to constitute the majority;solely by the President of the Arbitral Tribunal.
(Article 34, Paragraph 1)
Correction of Awards
Either ex officio within 30 days following the date of award, orupon request by the parties within 30 days as of their receipt ofthe award, the Arbitral Tribunal may correct any clerical,computational or typographical errors. In case that the latteroccurs, the Arbitral Tribunal is obliged to reply such requestwithin 30 days following the date of application.
(Article 35)
Either ex officio within 28 days as from the date of award, orupon request by the parties within 28 days as of service of theaward, the Arbitral Tribunal may correct any -clerical,computational or typographical errors. In case that the latteroccurs, the Arbitral Tribunal is obliged to reply such requestwithin 28 days following the date of application.
(Article 27)
Either ex officio within 30 days following the date of award, orupon request by the parties within 30 days as of their receipt ofthe award, the Arbitral Tribunal may correct any clerical,computational or typographical errors.
(Article 37)
Interpretation of Awards
The parties may also apply for interpretation of the award bythe Arbitral Tribunal within 30 days as of their receipt of theaward, upon which Arbitral Tribunal grants a time period up to 30days for receiving the other party's comments.
(Article 35)
Not provided.
The parties may also request interpretation of the award withinas of their receipt of the award, upon which the Sole Arbitrator orArbitral Tribunal grants a time period up to 30 days for receivingthe other party's comments.
(Article 37)
Additional Awards
Not provided.
Within 28 days of its receipt of the final award, any party mayrequest for an additional award regarding any claim or cross-claimpresented in the arbitration, yet not included in any award.
(Article 27)
Within 30 days of the notification of the award, any parties mayrequest for an additional award regarding any reliefs sought in thearbitration proceeding, yet not included in any award.
(Article 37)
Appeal
Any arbitral award shall be final and binding on parties and theparties shall be deemed to have waived their right to any form ofrecourse to the extent allowed by law, and take necessary steps toenforce the award without any delay.
(Article 34, Paragraph 6)
Any arbitral award shall be final and binding on parties and theparties shall irrevocably waive their rights to apply for all formsof appeal, review or recourse, to the extent allowed by law.
(Article 26, Paragraph 8)
The award shall be binding on the parties
(Article 36/4)
Advance for Arbitration Costs
It might be requested by the ICC Court. The Secretariat is alsoentitled to request a provisional advance until the issuance ofTerms of Reference.
(Article 36)
The LCIA Court may request the parties, any time subject to itsdiscretion, to deposit one or more payments on account of thearbitration costs.
(Article 24)
The Secretariat is entitled to request a provisional advance.The ISTAC Court fixes the advance on costs in an amount to coverthe fees and expenses.
(Article 42)
Costs
The Arbitral Tribunal shall indicate the arbitration costs,responsible party or parties, and their division between parties inthe final arbitral award.
(Article 37, Paragraph 4)
The Arbitral Tribunal shall indicate the arbitration costs,liable party or parties, and their division between parties in thearbitral award.
(Article 28, Paragraph 3- 4)
The Arbitral Tribunal shall indicate the arbitration costs,liable party or parties, and their division between parties in thearbitral award.
(Article 41, Paragraph 1)
Tribunal's Fees & Institution'sCosts
The arbitration costs shall include the fees and expenses of thearbitrators and the ICC administrative expenses fixed by the ICCCourt. Fee tariffs are available in the Appendix III of theRules.
(Article 34, Paragraph 6)
The arbitration costs shall be determined by the LCIA Court inaccordance with the schedule of costs.
(Article 28, Paragraph 1)
The Arbitral Tribunal's fees and the application andadministrative fees shall be determined in accordance with thetariff available in the Appendix 3 of the Rules.
(Article 41, Paragraph 2)
Expedited Procedure
Not provided
In the case of exceptional urgency, any party may apply to theLCIA Court for the expedited formation.
(Article 9A - 9C)
If agreed or the amounts in dispute do not exceed TRY 300,000.The parties however can chose to rule out the application of fasttrack procedure even if the amounts in dispute do not exceed TRY300,000.
(Article 1, Fast Track Rules)
The content of this article is intended to provide a generalguide to the subject matter. Specialist advice should be soughtabout your specific circumstances.