Starting an ICC Arbitration (2017 Rules) - Checklist

Checklist

Pre-arbitration

Day 0

Day 30

Day 60

If commencing arbitration, the claimant should consider:

  • the arbitration agreement;

  • any limitation issues; and

  • alternative dispute resolution (ADR) provisions.

A party requiring urgent relief may commence emergency arbitrator proceedings (ICC, App V, art 29).

The claimant's Request for Arbitration (the Request) will be received by the International Chamber of Commerce (ICC) Secretariat (with filing fee) (ICC, art 4(3)).

The respondent will file the Answer to the Request and any counterclaims within 30 days of notice of Request from the Secretariat (ICC, art 5(1), (5)).

Extension of time may be requested (ICC, art 5(2)).

The claimant will file the response to counterclaims contained in the Answer within 30 days of receipt of counterclaim from the Secretariat.

Extension of time may be requested (ICC, art 5(6)).

From 1 March 2017, the ICC expedited procedure automatically applies where an arbitration agreement is entered into after 1 March 2017 and the amount in dispute is below USD 2m (KWD [x]) (ICC, art 30(2)). In cases above this threshold, parties can opt-in