The International Court of Arbitration of the International Chamber of Commerce (ICC) has introduced new arbitration rules which will have a  far-reaching impact on the resolution of international business disputes.

The new rules are the product of two years of work within the ICC Commission on Arbitration, which is a think-tank of 620 dispute resolution specialists from 90 countries.

Werksmans chairman, Des Williams, who was recently appointed as the sole South African member of the ICC Court of Arbitration attended the official release of the rules which took place in September, in Paris.

He says that the new rules are generally expected to make international arbitration more user-friendly, efficient and cost effective.

While, international arbitration has been an expensive and lengthy process in the past, the new rules provide for case management and a procedural timetable to ensure that there is better control of time and cost.

Des argues that although much will continue to depend on the appointed arbitrator, the rules have introduced a number of options to speed up and simplify the process. These include the ability to:

- identify issues that can be resolved by agreement between the parties or their experts
- identify issues that can be resolved solely on the basis of documents
- use telephone or video conferencing for procedural and other hearings
- consolidate two or more arbitrations and allow for additional parties to join once proceedings have already commenced

He believes that as a result of these changes, arbitration will continue to consolidate its position as the leading method for resolving international commercial disputes.

Contact:
Jeremy Botha
Direct line: +27 (0)11 535 8262
Email: jbotha@werksmans.com