At ICC Qatar we understand the power of arbitration and amicable arbitration (ADR) as a flexible, consensual process for resolving business disputes in a binding and enforceable manner.
Established in 1923 as ICC’s arbitration body, the International Court of Arbitration pioneered international commercial arbitration as it is known today, initiating and leading the movement that culminated in the adoption of the New York Convention, the most important multilateral treaty on international arbitration. The Court has also developed resolution mechanisms specifically conceived for business disputes in an international context. Such disputes pose unique challenges, usually because the parties will be of different nationalities, implying varied linguistic, legal and cultural backgrounds. Difficulties can be further compounded by distance, and the perceived or actual inequality for one party to submit to the courts of another party’s home ground.
The Court provides parties with a flexible and neutral setting for dispute resolution. It offers confidentiality and extraordinary freedom for parties to choose the framework for how and where they want to resolve their dispute. While the dispute itself is resolved by independent arbitrators, the Court supervises the process from beginning to end, increasing the quality of the process and enforceability of the awards.
There are no restrictions as to who can use ICC Arbitration or who can act as arbitrators. This is reflected in the increasing number of nationalities represented. Since its inception, the Court has administered more than 19,000 cases involving parties and arbitrators from some 180 countries.
ICC ADR is a non-jurisdictional procedure whereby an independent neutral assists parties with settling commercial disputes in an amicable manner.
ADR proceedings are administered by the ICC International Centre for ADR (Centre) pursuant to the ICC ADR Rules (ADR Rules). The Centre is the only body empowered to administer proceedings under the ADR Rules.
In ADR proceedings, parties remain in control of the outcome by negotiating a binding, win-win agreement based on their business interests. In contrast, in arbitration proceedings an arbitral tribunal issues a win-lose decision based on the applicable laws of the parties’ contract.
Under the ADR Rules, parties are free to choose the settlement technique, including:
- neutral evaluation,
- mini-trial, and
- a variety of combinations of these and other techniques.
The majority of parties opt for mediation, which is the default mechanism where parties do not agree otherwise.