Environmental Engineering Reference
In-Depth Information
2.2.1.1
International Center of Commerce
The 1923 International Court of Arbitration (ICA) is the oldest and most influential
arbitration institution of the ICC in Paris and operates globally.
133
In 1919, after the
end of World War I, businessmen from the US, the UK, Italy, Belgium and France
founded the ICC to promote world peace,
134
but waited until 1923 to establish the
ICA.
135
In 1946, the ICC was granted the highest level of consultative status within
the UN.
136
The ICA is only an administrative body and its main purpose is to
appoint the arbitrator(s).
137
It only has an administrative function and is not
involved in arbitration award decisions.
138
Its focus is for example on the appoint-
ment or replacement of arbitrators.
139
All cases under the ICC Rules of Arbitration
amended in 2012 (ICC Rules) are decided by a specially constituted ICA
tribunal.
140
Furthermore, the ICC encompasses the ICC national committees and the ICC
case managers (part of the Secretariat of the ICC Court),
141
which are also involved
in the arbitration process.
142
The Secretary General is appointed according to Art.
9 of the ICC Constitution (amended 2012) and has mostly administrative tasks. The
Executive Board assesses the performance of the Secretary General (Art. 9(1)
(b) ICC Constitution). Art. 2(2)(a), (b) and (c) and 3 of ICC Constitution include
further details on the national committees. According to Art. 5(1) of the ICC
Constitution, there is an annual meeting of the World Council, which is the supreme
authority of the ICC. Art. 5(3) of the ICC Constitution clarifies that the World
Council has only administrative functions. Furthermore, Art. 6 of the ICC Consti-
tution mentions the Executive Board, which is in charge of implementing strategy,
policies and programs of the ICC and oversees the financial affairs. There are also
ICC Commissions (Art. 10 of the ICC Constitution), which prepare policy state-
ments, recommendations and technical documents for the ICC. ICC Arbitration
Rules are binding to parties that have agreed to comply with the award.
143
Awards
133
Reiner, Jahnel in Sch
¨
tze (
2011
), 26; McIlwrath and Savage (
2010
), 39 para 1-072; Kutty
(
2006
), 565 (573); Metje (
2008
), 170; cf Dolzer and Schreuer (
2008
), 227; ICC is voice of the
business world, in: Hodges et al. (
2010
), 55 (55) and (58); Concerning global operation, in:
McIlwrath and Savage (
2010
), 39 para 1-072.
134
ICC (
2014
); These renowned businessmen shared the idea that most countries are connected
through trade and commerce and increasing this cooperation would lead to an avoidance of war, in:
Hodges et al. (
2010
), 55 (55).
135
Ergan (
2012
), 83 (84).
136
ICC (
2014
).
137
Dolzer and Schreuer (
2008
), 227; cf Metje (
2008
), 170.
138
Hodges et al. (
2010
), 55 (55-56); McIlwrath and Savage (
2010
), 39-40 para 1-073.
139
McIlwrath and Savage (
2010
), 39-40 para 1-073.
140
Reiner, Jahnel in Sch¨ tze (
2011
), 26; Metje (
2008
), 170.
141
Hodges et al. (
2010
), 55 (57).
142
McIlwrath and Savage (
2010
), 40 para 1-074. 1-075.
143
Pengelley (
2009
), 859 (864).
