Effective Management of Arbitration–Lessons from the Revised 2012 International Chamber of Commerce Rules

It is often said that resolving disputes through arbitration can permit flexibility, innovation and cost/time saving. This is more likely when a client and legal counsel give thought and effort to develop early and effective case management. Efficiency in time and cost is best achieved when both a client and their legal advisors have a clear strategy, and work towards it together.

The 2012 International Chamber of Commerce (the “2012 ICC”) rules were held out as a gold standard in assisting parties to more effectively manage their arbitral proceedings. This article looks at options that parties and their legal advisors should consider at the preliminary stages, and revisit during the arbitration process.

Although the commentary to the 2012 ICC rules encourages parties and counsel to consider these issues, the same broadly apply to any form of arbitration, whether institutional or ad hoc:

1. If a Request for Arbitration (“Request”) is filed, consider desired result and cost benefit