ICC Rules of Arbitration:bijlage I

ICC Rules of Arbitration

Appendix I Statutes of the International Court of Arbitration

Geldend

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Article 1. Function

1)

The function of the International Court of Arbitration of the International Chamber of Commerce (the ‘Court’) is to ensure the application of the Rules of Arbitration of the International Chamber of Commerce, and it has all the necessary powers for that purpose.

2)

As an autonomous body, it carries out these functions in complete independence from the ICC and its organs.

3)

Its members are independent from the ICC National Committees and Groups.

Article 2. Composition of the Court

The Court shall consist of a President, Vice-Presidents, and members and alternate members (collectively designated as members). In its work it is assisted by its Secretariat (Secretariat of the Court).

Article 3. Appointment

1)

The President is elected by the ICC World Council upon the recommendation of the Executive Board of the ICC.

2)

The ICC World Council appoints the Vice-Presidents of the Court from among the members of the Court or otherwise.

3)

Its members are appointed by the ICC World Council on the proposal of National Committees or Groups, one member for each National Committee or Group.

4)

On the proposal of the President of the Court, the World Council may appoint alternate members.

5)

The term of office of all members, including, for the purposes of this paragraph, the President and Vice-Presidents, is three years. If a member is no longer in a position to exercise the member's functions, a successor is appointed by the World Council for the remainder of the term. Upon the recommendation of the Executive Board, the duration of the term of office of any member may be extended beyond three years if the World Council so decides.

Article 4. Plenary Session of the Court

The Plenary Sessions of the Court are presided over by the President or, in the President's absence, by one of the Vice-Presidents designated by the President. The deliberations shall be valid when at least six members are present. Decisions are taken by a majority vote, the President or Vice-President, as the case may be, having a casting vote in the event of a tie.

Article 5. Committees

The Court may set up one or more Committees and establish the functions and organization of such Committees.

Article 6. Confidentiality

The work of the Court is of a confidential nature which must be respected by everyone who participates in that work in whatever capacity. The Court lays down the rules regarding the persons who can attend the meetings of the Court and its Committees and who are entitled to have access to materials related to the work of the Court and its Secretariat.

Article 7. Modification of the Rules of Arbitration

Any proposal of the Court for a modification of the Rules is laid before the Commission on Arbitration and ADR before submission to the Executive Board of the ICC for approval, provided, however, that the Court, in order to take account of developments in information technology, may propose to modify or supplement the provisions of Article 3 of the Rules or any related provisions in the Rules without laying any such proposal before the Commission.

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