Party Autonomy under the 2012 ICC Arbitration Rules
pages 231 - 251
ABSTRACT:

Since the revision of the 1998 ICC Arbitration Rules and the entering into force of the 2012 ICC Arbitration Rules on January 1, 2012, ICC arbitration has changed. The contribution highlights several important innovations, and explains their meaning as well as the intention behind the change. Furthermore, an analysis is given of the extent to which the 2012 ICC Arbitration Rules limit, allow for, and even promote party autonomy. Light is shed on the development of the 2012 ICC Arbitration Rules, their applicability ratione temporis, on which mandatory and dispositive requirements have been established for the Request and the Answer’s content and how compliance with those requirements may assist to save time and cost. In addition, the new provisions on multi-party and multi-contract arbitration, the case techniques for more efficient case management introduced by the 2012 ICC Arbitration Rules and the new Emergency Arbitrator will be discussed.

keywords
ICC arbitration
2012 ICC Rules
multi-party
multi-contract
joinder of party
applicability ratione temporis
party autonomy
emrgency arbitrator
case management techniques
about the authors

RA Mag. Barbara Helene Steindl, LL.M. (Columbia) MCIArb acts as counsel and arbitrator in international arbitrations under all major arbitration rules. Most of her work involves construction, investment protection, cross-border trade, distribution and sports arbitration. Mrs. Steindl is admitted to the Vienna bar and has passed the New York Bar exam. She is a former deputy counsel of the ICC International Court of Arbitration and acts as the LCIA’s YIAG representative for Central Europe. She works in English, French and German.

e-mail: b.steindl@bkp.at