International Chamber of Commerce Modifies Rules to Improve Transparency and Efficiency (November 4, 2016) [1]
On November 4, 2016, the International Chamber of Commerce modified its Rules of Arbitration [3] to improve transparency and efficiency in the arbitral process. According to the press release [4], the new rules will apply an expedited procedure automatically to all disputes under $2 million with a possibility to opt in for higher disputes. Under the expedited procedure rules, “there will be no Terms of Reference and the tribunal will have discretion to decide the case on documents only, with no hearing, no requests to produce documents and no examination of witnesses.” Also, the expedited rules will implement “a scale providing for significantly reduced fees.” Under the normal procedure, the establishment of terms of reference shall occur in one month as opposed to two. Additionally, the new rules allow the ICC court to provide its reasoning “for its decisions made on challenges, as well as for other decisions, such as prima facie jurisdictional decisions and consolidations.” The revised rules will apply from March 1, 2017.