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ICC releases statistics on cases under 2012 rules

09 May 2013
On 29 April 2013 the International Court of Arbitration of the International Chamber of Commerce (ICC) published statistics on its caseload in 2012, including the first cases to be administered under the 2012 Rules of Arbitration.

Of most interest to arbitration practitioners will be that 2012 saw the first two applications under the emergency arbitrator provisions, which were one of the most novel features of the new rules.  In one of the cases, the emergency arbitrator was appointed in one day.  However, the other application was not admissible due to Article 29(6), which provides that the emergency arbitrator provisions will not apply if (a) the arbitration agreement was concluded before 1 January 2012, (b) the parties have agreed to opt out of the emergency arbitrator provisions, or (c) the parties have agreed to another pre-arbitral procedure that provides for conservatory, interim or similar measures.  It is not clear from the information published by the ICC which of these grounds applied.  However, the fact that only two applications were made in 2012 suggests that the emergency arbitrator provisions have some way to go before they become established.

Another significant feature of the new rules was a series of provisions for multi-party and multi-contract cases.  It appears that the full impact of these new provisions is also yet to be felt: less than half of the requests for joinder in 2012 were made under Article 7 of the new rules, and the percentage of cases involving more than two parties was constant, although the number of consolidations that were accepted increased.

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