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11 INTERNATIONAL CHAMBER OF COMMERCE DISPUTE BOARD RULES

Chapter 11
International Chamber of Commerce Dispute Board Rules




Dispute resolution “road map



“The ICC Dispute Board Rules (even though, until now, not frequently used by practitioners) comprise all relevant elements necessary for an efficient dispute board procedure. In this respect, they can easily compete with the dispute board rules established by the FIDIC contracts. The same applies to the time-frame provided for the decision-making process. Taking into account that the ICC Dispute Board Centre, in addition to that, grants the parties subsidiary assistance in the dispute board process itself, it is to be expected that these rules elaborated and established by the ICC will gain more and more importance in the future.1


11.1 Dispute resolution in the construction industry can be achieved through the following well-established and legally binding mechanisms:


11.2 Litigation in the state courts:



  • .1 Technology and Construction Court (in England and Wales);
  • .2 Other jurisdictions: few specialist courts.


11.3 Mediation:



  • .1 Chinese origins;
  • .2 Enthusiastic adoption in the United States of America;
  • .3 Less enthusiastic uptake in the European Union.


11.4 Adjudication:



  • .1 Contractual and statutory background in the United Kingdom and other common (and now civil) law jurisdictions;
  • .2 FIDIC contracts, as adopted by the World Bank (WB) and other development banks, and
  • .3 Institutional rules.



Fédération Internationale des Ingénieurs-Conseils (FIDIC)


11.5 FIDIC is Geneva-based organisation, whose forms derive from these of the Institution of Civil Engineers and which originally had the employer’s “engineer” as the first-tier dispute resolver. FIDIC deals with large multinational infrastructure projects through a dispute review system, such as the milestone 1980 case “EI Cajon” (dam and hydroelectric facility) in Honduras, where a dispute resolution board (DRB) was originally used, as sponsored by the WB.



Key dates


11.6




International Chamber of Commerce, International Court of Arbitration


11.7 This has published the following suite of documents:



  • .1 Rules of Arbitration: latest revision in force as from 1 January 2012, including administered arbitration and an emergency arbitrator provision;
  • .2 Mediation Rules: latest version in force as from 1 January 2014;
  • .3 DB Rules: latest version in force as from 1 September 2014;
  • .4 Rules for Expertise: in force as from 1 January 2003;
  • .5 International Centre for ADR, based in Paris, France;
  • .6 DOCDEX procedure for trade finance.

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