Bree Farrugia (Solicitor Advocate), Herbert Smith LLP
As of 17 August 2009, the ICC Court will require arbitrators agreeing to serve in ICC proceedings to disclose details confirming their availability, in addition to their independence.
As of 17 August 2009, the ICC Court will require arbitrators agreeing to serve in ICC proceedings to disclose details confirming their availability, in addition to their independence.
To counter growing concerns related to the time and costs involved in conducting international arbitration proceedings, each arbitrator will now receive, from the Secretariat of the Court, a form entitled ICC Arbitrator Statement of Acceptance, Availability and Independence in which the arbitrator is requested to accept or decline an invitation to serve on a case, and invited to provide additional information regarding his or her availability, including the number of cases in which they are already involved, and any foreseeable competing demands on their time in the upcoming 18 months.
Such an analysis of activity is unlikely to give a complete picture of a prospective arbitrator's availability over the course of an 18 month period, particularly with respect to large and complicated cases. Furthermore, an ability to conduct proceedings in an efficient manner is contingent on a number of additional factors, including, inter alia, witness and counsel availability. Nevertheless, the new ICC form will probably usher in a new degree of transparency in relation to arbitrator availability and overall workload, and may serve to assist in the general aim of resolving disputes within the prescribed time limits.