Environmental Engineering Reference
In-Depth Information
could be the perfect compromise in the case of the Desertec Concept as it combines
European and MENA tradition. The focus on the European/MENA region is
noticeable as well as most of the Desertec Concept will take place within this
region.
On the other hand, there is the ICC. The ICC is the most experienced arbitration
institution in the world. The list of arbitrators includes people from all over the
world. It is also a well-known arbitration institution within Africa and the Middle
East. It is well recognized all over the world. It also has some experience with large-
scale projects. A special feature of ICC arbitration is the review of the award before
it is transferred to the parties.
The New ICC Rules came into force on 1 January 2012 (updating the Rules from
1998) and will, in general, apply to any ICC arbitration commenced on or after that
date. Most changes within the ICC Rules are set out to make the arbitration process
faster and cheaper compared to the Rules of 1998. Besides the abovementioned,
there are further interesting new regulations within the ICC Rules of 2012. Art. 22
(1) of the ICC Rules now stipulates that the tribunal and the parties shall make every
effort to conduct the arbitration in an expeditious and cost-effective manner, taking
into account the complexity and value of the dispute. According to Art. 22(2) of the
ICC Rules of the new arbitration rules, in order to ensure effective case manage-
ment, the arbitral tribunal is authorized to adopt any procedural measures it
considers appropriate, provided that they are not contrary to any agreement of the
parties. Accordingly to Art. 22(3) of the ICC Rules, upon the request of any party,
the arbitral tribunal is authorized to make orders concerning the confidentiality of
the arbitration proceeding and may take measures to protect trade secrets and
confidential information.
Art. 23 of the ICC Rules introduces the “Terms of References”, which cannot be
found within the LCIA, SCC, CAM and CRCICA Rules. The Terms of References
are prepared by the tribunal in charge at the beginning of the arbitration proceeding
(Art. 23(1) of the ICC Rules). Combined with Art. 24 of the ICC Rules and
Appendix IV of the ICC Rules, the Terms of References are part of the early case
management conference, which encompasses all parties and is part of the case
management techniques. There is also the possibility of later case management
conferences. Furthermore, Art. 9 of the ICC Rules has special regulations
concerning multiple contracts. There it is confirmed that claims arising out of or
in connection with more than one contract may be made in a single arbitration,
irrespective of whether such claims are made under more than one arbitration
agreement under the Rules. Art. 27 of the ICC Rules forces the tribunal to notify
the Secretariat about its draft concerning an award after the proceedings are closed.
Combined with Art. 22(1), this underlines the fact that the goal is to speed up the
whole process. In addition, new penalties have also been introduced. According to
Art. 37(5) of the ICC Rules, the tribunal may take into account circumstances which
it considers relevant, including the extent to which each party has conducted the
arbitration in an expeditious and cost-effective manner, to rule on the arbitration
costs. If parties purposely hamper the arbitration process, they might face additional
costs, even if the ruling is in their favor.
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