The New 2012 ICC Arbitration Rules
Monday, November 28, 2011
- The integration of an emergency arbitrator provision, which, subject to opt-out by the parties, permits the parties to seek expedited injunctive relief from an “emergency arbitrator” before the constitution of the arbitral tribunal (new Article 29).
- New provisions that allow the ICC Court to make prima facie rulings on whether an arbitration can proceed among multiple parties and/or multiple contracts, whether a third-party can be joined to the arbitration, and whether two separate arbitration proceedings can be consolidated before one tribunal (new Articles 6-10).
- The opening of ICC proceedings to investment treaty arbitrations, by, for example, contemplating the possibility of States as parties to ICC arbitrations (new Article 13 (4) (a)).
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