Inhouse counsel get critical advice on effective arbitration management in new ICC guide

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In June 2014, the International Chamber of Commerce’s (ICC) Commission on Arbitration and ADR launched Effective Management of Arbitration: A Guide for In-House Counsel and Other Party Representatives on Effective Management of Arbitration. On 11 March, the Chinese translation of the guide was launched at an inhouse counsel roundtable in Shanghai. The guide aims to better reach the growing body of Chinese companies and organizations adopting arbitration as their forum for dispute resolution.

This article examines the key features of the guide.

Overview

The guide is composed of three main parts. The first part discusses settlement considerations, a process which the guide argues ought to be undertaken prior to commencing any arbitration and continually revisited in the course of the arbitration process.

Sylvia Tee
Sylvia Tee

The second part is a discussion of the case management conference, a quintessential feature of ICC arbitrations by which the tribunal and parties discuss and determine together the manner in which the arbitration is to be conducted.

Finally, the third part sets out an overview of the following 11 topic sheets, each dealing independently with a specific step in the arbitration process where cost, risk and benefit decisions need to be made.

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Sylvia Tee is director for arbitration and ADR in Asia of ICC Dispute Resolution Services