NCJ Number
100041
Journal
Arbitration International Volume: 1 Issue: 1 Dated: (April 1985) Pages: 49-81
Date Published
1985
Length
33 pages
Annotation
This article examines the characteristics of International Chamber of Commerce (ICC) arbitration and considers the recent interplay between ICC proceedings and national authorities.
Abstract
ICC arbitration is intended to provide a neutral and flexible means of commercial dispute resolution which is as free as possible from the constraints of municipal procedural law. Its procedures provide solutions to numerous issues that might derail an arbitration. It has been accepted by parties from civil and common law systems and capitalist and State-controlled economies. Despite its international scope, ICC arbitral awards must be enforceable within municipal legal systems, and the arbitral process must conform to some extent to national prescriptions if the awards are to be effective. As a consequence, State sites have been selected which permit disputing parties to limit the impact of local law by agreement and to waive ordinary rights of appeal. An examination of cases suggests a trend of increased respect by national courts of the economic and cultural value of international commercial arbitration and increased recognition that parties desire minimal court interference. It is suggested that the proper relationship between court and arbitrator requires that awards conform to minimum national standards and that courts limit review to the protection of due process rights. 79 footnotes.