Court of arbitration at the International Chamber of Commerce – India

From WikiMediation

Revision as of 17:26, 2 June 2010 by Thomas LOP VIP (Talk | contribs)
(diff) ← Older revision | Current revision (diff) | Newer revision → (diff)
Jump to: navigation, search


[edit] General Information

  • Official name: International Chamber of Commerce – India
  • Country: India
  • City: New Delhi
  • Type of organization: International Chamber of Commerce - Court of arbitration
  • Date of creation: 1919 – 1923 (ICC's international Court of Arbitration)
  • Interests: Arbitration - Negotiation
  • Fields of expertise: international contractual dispute

[edit] Description of the International Chamber of Commerce of India

Set up in 1919, Indian National Committee of International Chamber of Commerce (INC-ICC) is one of the most active chapters of the ICC, the world's apex business organisation. In its fold, it has a large membership of enterprises, chambers of commerce, trade & industry associations. It is the forum, which makes it easier to do business internationally. It was rechristened as ICC INDIA, effective March 1, 1996.

The International linkages of ICC INDIA are far and wide. The ICC network speaks, directly and indirectly, for thousands of individual corporations and industrial and trade associations in over 140 countries.

Keeping with its objectives of promoting liberalization in the country, accelerating flow of foreign investment and lowering tariff barriers to promote international trade, since its inception, it has been playing a crucial role in interacting with Government and business on economic policies. As the process of economic reforms is gaining ground, it is emerging as a rallying point for Indian business in their effort towards globalization.

ICC INDIA has a two-way communication link with ICC. It is the gateway, enabling Indian industries to have access to the mind boggling body of information compiled, analyzed and interpreted by ICC. It is the distribution centre for the valuable ICC publications which include rules on documentary credits and INCOTERMS (international Commercial Terms) which are of constant use to importers and exporters. World business community has immensely enriched from these publications so as many Indian enterprises.

ICC INDIA has been playing a pivotal role in the deliberations of the ICC designed to promote world trade. Today, the voice of Indian business is projected at ICC councils and through ICC and UN and its specified agencies. India has had the unique opportunity to host two conclaves of ICC in 1965 and in 1987 which brought together world business community to this land of infinite opportunities. It is a matter of honor for India that Dr Bharat Ram, an eminent industrialist from India, had become the President of ICC for the period 1969-71. After 22 years, another leading industrialist, Mr. Hari Shankar Singhania was elected President for the years 1993 & 1994. Important industrialists from India have been serving in the ICC board. Ably supported by an efficient secretariat, the ICC INDIA offers an unmatched opportunity for Indian business to go global.

[edit] Objectives of the International Chamber of Commerce of India

The ICC INDIA is established to fulfill the following:

  • Participate in the promotion of the activities of International Chamber of Commerce.
  • Facilitate commercial interaction among member countries.
  • Evolve business view on all international matters relating to finance, industry, commerce and environment, among others.
  • Encourage progress; promote peace and cordial relations among countries and their citizens by the cooperation of businessmen and organisations,
  • Nominate members on the bodies of ICC to represent Indian Business interests.
  • Do all such things as may be incidental or conducive to the proper representation of the commercial, industrial, financial, shipping and trading interests of India in the organisation and work at the international Chamber.

[edit] Services of the International Chamber of Commerce of India

  • Whether settling international contractual dispute, protecting business from commercial frauds and counterfeiting or promotion of trade and joint ventures, the ICC INDIA provides most useful services to business.
  • It informs about scheduled ICC conferences and symposia which will help members up-date information relating to their business.
  • It organizes Seminars/Workshops/Symposia on various aspects of business facilitation from time to time and invites distinguished business leaders/experts for lectures/discussions.
  • It offers a number of books and corporate hand-books publisher by ICC publication division on topics including banking practices, arbitration proceedings, finance, commercial problems, environment and telecommunications, at a price.
  • It helps members to avail services of ICC International Court of arbitration for the settlement of commercial disputes; the ATA Carnet System for temporary duty-free imports; the ICC Institute of International Business Law and Practice; the International Maritime Bureau, which combats maritime fraud; and Counter-feiting Intelligence Bureau.
  • Information is sent to members on specialized ICC commissions made up of business experts, which meet regularly to formulate policies on a broad range of issues affecting commerce, investment and business practices.

[edit] Description of ICC's International Court of Arbitration

ICC's international Court of Arbitration, which was founded in 1923, is the institution which rules on economic disputes throughout the world. The Court of Arbitration deals with differences of opinion between companies in different countries quickly, impartiality, in total confidentiality and with legal competence. More than 500 new cases were submitted to the ICC for arbitration in 1999. In the course of the year 2000 the ICC Court of Arbitration handled around 950 cases.

The Court of Arbitration has a decisive advantage in relation to the legal procedures by virtue of its speed. The parties have a free choice of arbitrator, location and language of the hearing as well as the applicable law. The decisions of the Court of Arbitration are definitive and binding.

The arbitrators are nominated from a group of 75 members in 57 countries. The Court of Arbitration itself ensures the organization and functioning of the hearings and provides assistance to the arbitrators if the need arises. It oversees the procedures, assists with problems and ensures that the decisions are complied with. The secretariat assists the parties and arbitrators with support in French, English, Arabic, German, Spanish, Italian, Polish and Russian.

Parties who would like to call in the Court of Arbitration in the event of a dispute should include this provision in their contract at the negotiation phase - that is to say well before the slightest indication of a conflict is apparent. The ICC therefore recommends that a clause concerning the facility to refer the matter to a court of arbitration in the event of conflict be included when drawing up the contract. It can be formulated as follows: "Any disputes resulting from or in connection with this contract will be ultimately decided in accordance with the regulations of the Court of Arbitration of the International Chamber of Commerce by one or more arbitrator(s) appointed in accordance with this regulation." To facilitate smooth arbitration, parties may find it useful to stipulate in the arbitration clause:

  • the law governing the contract
  • the number of arbitrators
  • the place of arbitration
  • the language of arbitration

Parties should also consider the possible need for special provisions in the event that arbitration is contemplated among more than two parties. In addition, the law in some countries may lay down certain requirements for arbitration clause.

Here it may be noted that the ICC International Court of Arbitration does not resolve disputes, but names independent arbitrators to carry out this task. Its role is to organize and supervise, to help in overcoming obstacles that arbitrators may encounter in international disputes and to ensure that awards are enforced.

Parties are free to submit disputes to arbitrators of their choice and to fix the place of language of the arbitration, as well as the law applicable to the dispute. Awards are final and binding. Arbitration is faster than court proceedings.

[edit] Request for Arbitration

Many requests filed at the ICC are very detailed and constitute a full description of a case. Others are less detailed. In any event the objective of a request submitted under the ICC rules is to set out the elements of the case as to: 1) permit the constitution on the most appropriate arbitral tribunal and; 2) allow the Defendant party to set out his defense on the basis of the request and attached documents transmitted to him by the Secretariat.

The request for arbitration should be sent to the Secretariat of the International Court of Arbitration of Paris. It may also be sent through any of the ICC's National Committees including Indian National Committee, although the request is deemed filed at the date it is received by the Secretariat of the Court in Paris.

[edit] Contact

Federation House Tansen Marg New Delhi - 110 001 - India

Tel.: 91-11-23738760-70 (11 lines) 23322472(Direct)

Fax: 91-11-23320714, 23721504


Official Website

Personal tools
WikiMediation Partners