ICC ADR - Frequently asked questions
Question: How do I submit an ADR Request to ICC?
Answer: There are two scenarios under the ICC ADR Rules:
Where the parties have already agreed to submit their dispute to the ICC ADR Rules,click here.
Where the parties did agree to submit the dispute to the ICC ADR Rules(one party takes the initiative),click here.
Question: Must the contract giving rise to the dispute contain an ICC ADR clause?
Answer:No it must not.
Agreement among the parties is imperative for the ADR proceedings to take place, but the agreement may be made, in different manners, after the dispute has arisen. For example, one party can submit an ADR Request and ask ICC to invite the other to agree to participate (see Article 2(B) of the ADR Rules).
If the parties wish to include an ADR clause in their contract, ICC has drafted suggested ADR clauses.
Question: What are the ADR techniques offered by ICC?
Answer: Click here.
Question: What is the difference between a neutral evaluation under the ICC ADR Rules and an expertise under section IV of the Rules for Expertise?
Answer: There are two main differences:
a) Under the ADR Rules, if one party stops participating in the ongoing ADR proceedings, the ADR proceedings will come to an end, while under the Rules for Expertise (section IV), the expert will render a decision even if one party does not participate in the proceedings (see Article 13(1) of the Rules for Expertise).
b) Under the ADR Rules, all documents produced in the proceedings are confidential (including anything the Neutral produces), unless otherwise agreed by the parties. Under the Rules for Expertise, there is no such provision, and the expert’s findings can be presented in arbitration or litigation proceedings or to third parties.
Question: What are the costs of the ADR proceedings?
Answer: Besides the registration fee of US$ 1500, parties must pay a deposit fixed by ICC to cover the Neutral’s fees and expenses and ICC costs. The Neutral’s fees are fixed by ICC at an hourly rate, after consultation with the Neutral and the parties. The ICC costs can never exceed US$ 10 000.
Question: I wish to combine ICC ADR and ICC arbitration - How can this be done?
Answer: The parties can commence ADR proceeding before beginning arbitration; they can commence both proceedings at the same time; or they may initiate ADR proceedings during an ongoing arbitration (with or without suspending the arbitration proceedings).
In all cases, the ADR proceedings must be commenced with the ADR Secretariat and not with the Secretariat of the International Court of Arbitration. Each service is administered by a different Secretariat, and must proceed in accordance with the respective set of Rules.
One of the four suggested ADR clauses by ICC foresees an ADR proceeding followed by an arbitration if there is no settlement of the dispute using the ADR Rules.
Question: Does ICC have a roster of mediators?
Answer: No it does not.
ICC is free to appoint the mediator it deems suitable for each case in the manner it sees fit. It can request a proposal from an ICC national committee or do otherwise.