International Chamber of Commerce - ADR

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Current revision as of 10:30, 30 June 2010


Contents

[edit] General Information

  • Official name: International Chamber of Commerce - ADR
  • Country: Worldwide
  • City: United Kingdom - Panama - Tunisia - Singapore
  • Type of organization: Chamber of Commerce
  • Date of creation: -
  • Interests: Arbitration – Mediation - Conciliation
  • Fields of expertise: Commercial & Business Disputes

[edit] Description

“The ICC ADR Rules offer a framework for the amicable settlement of commercial disputes with the assistance of a neutral. They were launched in 2001 to replace the 1988 Rules of Conciliation. Under the ICC ADR Rules, parties may freely choose the settlement technique they consider most appropriate to their situation. This may be mediation, whereby a neutral helps the parties to settle their differences through negotiation; a mini-trial, in which a panel comprising a neutral and a manager from each party proposes a solution or gives an opinion; or a neutral evaluation of a point of law or fact.

Common to all these techniques is the fact that the decision reached by or in collaboration with the neutral is not binding upon the parties, unless they agree otherwise. The success of the chosen technique will depend largely on the qualities of the neutral. He or she may be designated directly by the parties or appointed by ICC. In the latter case, the parties may specify certain requirements as to the qualifications or attributes the neutral should possess. Lastly, the parties are not limited to a single technique, but may find it useful to apply a combination of settlement techniques.

The ADR Rules govern the ADR proceedings and the Guide to ICC ADR provides an explanation of the Rules and of various settlement techniques which can be used pursuant to the Rules”.

[edit] Competition General Description

“The International Commercial Mediation Competition is an annual moot mediation competition organized by the ICC ADR Secretariat. This one-of-a-kind event gathers teams from universities and mediation experts from around the world.

The Competition consists of two parts; written and oral advocacy. During three days of preliminary rounds, competitors must apply ICC’s Amicable Dispute Resolution (ADR) Rules to solve problems devised by a special Drafting Working Group of international mediation experts. Student teams are divided into requesting party and responding party in mock mediation sessions, where individual team members act out the role of counsel and client before a mediator and two judges.

On the fourth day of the competition the eight finals will take place in the morning and the quarter-final in the afternoon. The semi-final will take place on the morning of the last day. The ICC ADR Secretariat will organize during the course of the competition a training day for the professionals to share their experience and best practises with other professionals and students. In the afternoon of the last day, two teams will participate in the final of the ICC International Commercial Mediation Competition.

Combining competition, sharing of best practices, learning and networking, this one-of-a-kind event gives participants a unique opportunity to participate in moot mediations, to explore cultural differences in international commercial mediation and to enjoy numerous social activities.

Student teams are composed of a maximum four students, and they may be accompanied by a professor or coach. The role of counsel in the mediation shall be taken by a law student. All written and oral communication during the Competition shall take place in English.

The registration fee is €500 per team and each team is responsible for its own expenses”.

[edit] ICC ADR - The role of the Neutral

“The success of ADR hinges largely on the wisdom, tact, common sense and expertise of an individual known as a Neutral. His or her task is to create trust and assist the parties in their quest for a settlement. The Neutral is a facilitator, not a judge or arbitrator.

Practical and potentially difficult decisions that the Neutral may have to make include which language should be used and where meetings should be held.

The Neutral's opinion does not itself bind the parties, but opens the way for them freely to agree a settlement that they are legally bound to carry out. Or they may simply act in line with the Neutral's findings, without formal agreement”.

[edit] How the Neutral is appointed

“The Neutral is either designated by the parties or appointed by ICC. If ICC is asked to supply a Neutral, the parties are invited to agree the qualifications. Should the Neutral be a civil engineer, or a chemist or perhaps a surveyor, or an expert in e-business? There may even be a need for two Neutrals, whose areas of expertise are complementary. The parties can make that decision if they wish — or leave it to ICC.

ICC checks that any Neutral it appoints is independent. Provided there are no objections, the preliminary ADR discussions can go ahead. If the parties choose the Neutral, it is for them to decide whether or not the Neutral should be independent”.

[edit] Preamble of the ADR rules of the ICC

“Amicable settlement is a desirable solution for business disputes and differences. It can occur before or during the litigation or arbitration of a dispute and can often be facilitated through the aid of a third party (the "Neutral") acting in accordance with simple rules. The parties can agree to submit to such rules in their underlying contract or at any other time.

The International Chamber of Commerce ("ICC") sets out these amicable dispute resolution rules, entitled the ICC ADR Rules (the "Rules"), which permit the parties to agree upon whatever settlement technique they believe to be appropriate to help them settle their dispute. In the absence of an agreement of the parties on a settlement technique, mediation shall be the settlement technique used under the Rules. The Guide to ICC ADR, which does not form part of the Rules, provides an explanation of the Rules and of various settlement techniques which can be used pursuant to the Rules”.

[edit] Commission on Arbitration

“The Commission on Arbitration aims to create a forum for experts to pool ideas and impact new policy on practical issues relating to international arbitration, the settlement of international business disputes and the legal and procedural aspects of arbitration. The Commission also aims to examine ICC dispute settlement services in view of current developments, including new technologies”.

[edit] External Links

[edit] Contact

United Kingdom - Panama - Tunisia – Singapore

Official Website

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