Arbitrating Under the 2012 ICC Rules
An Introductory User's Guide
By: Jacob Grierson, Annet van Hooft
About This Book
Focusing on the 2012 ICC Rules and– which apply to all ICC arbitrations commenced on or after 1 January 2012 unless the parties have agreed that an earlier version should apply and– this book serves the needs of the following parties: those who want a full introduction to the topic of ICC arbitration; those who already have a good understanding of how ICC arbitration worked under the old 1998 ICC Rules but are looking for an update on the new 2012 ICC Rules; those who need to take a decision on whether to opt for ICC arbitration; those who have opted for ICC arbitration and need to draft an ICC arbitration clause; and those who are actually faced with the prospect of an ICC arbitration. As far as possible, the book is structured so as to follow the sequence of events that would typically take place in the resolution of a dispute by arbitration. Following a discussion of preliminary matters, the authors go on to describe the process leading from negotiation to arbitration, the initial decisions that may be taken by the ICC International Court of Arbitration, and the different steps in the proceedings before the arbitral tribunal. The book concludes with a discussion of the award and its enforcement. Extensive references to relevant books, articles, websites and other resources as well as a comprehensive glossary further enhance the bookand’s practical value.
AI Overview
"Arbitrating Under the 2012 ICC Rules: An Introductory User's Guide" by Jacob Grierson and Annet van Hooft is a comprehensive guide designed to introduce users to the 2012 International Chamber of Commerce (ICC) Rules of Arbitration. Here is a detailed overview of the book:
Key Themes
- Introduction to ICC Arbitration: The book provides a foundational understanding of ICC arbitration, its history, and its significance in international commercial disputes.
- 2012 ICC Rules Overview: It delves into the key changes and updates introduced in the 2012 ICC Rules, including the emergency arbitrator procedure, case management techniques, and the requirements for parties at the commencement of arbitration.
- Practical Guidance: The guide offers practical advice and insights for arbitrators, counsel, and users navigating the ICC arbitration process.
- Case Management Techniques: It emphasizes the importance of case management in reducing costs and increasing the efficiency of the arbitration process. This includes measures such as case management conferences and the adoption of suggested case management measures listed in Appendix IV of the new Rules.
- Flexibility and Adaptability: The book highlights how the revised Rules are designed to be flexible and adaptable to different types of disputes and legal traditions, while maintaining unique features like the scrutiny of awards.
Plot Summary
The book is structured to provide a clear and concise introduction to the 2012 ICC Rules. It begins with an overview of the ICC arbitration process, including the role of the International Court of Arbitration and the selection of arbitrators. It then delves into the specific changes and updates introduced in the 2012 Rules, such as the emergency arbitrator procedure and the enhanced requirements for parties at the commencement of arbitration.
The guide also covers practical aspects of arbitration, including the preparation of requests for arbitration, the submission of documents, and the conduct of the arbitration process. It emphasizes the importance of case management and provides examples of how these techniques can be implemented to streamline the arbitration process.
Critical Reception
The book has received positive reviews for its clarity and authority. It is described as a "masterly-drafted, authoritative guide" that is essential for arbitrators, counsel, and users of ICC arbitration. The critical reception highlights its usefulness in providing a comprehensive understanding of the 2012 ICC Rules and their practical application.
In summary, "Arbitrating Under the 2012 ICC Rules: An Introductory User's Guide" by Jacob Grierson and Annet van Hooft is a valuable resource for anyone seeking to understand and navigate the 2012 ICC Rules of Arbitration. It offers a detailed and practical guide that covers the key themes and updates of the 2012 Rules, making it an indispensable tool for professionals in the field of international commercial arbitration.