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          International Chamber of Commerce (ICC) 
          33-43 avenue du Président Wilson 
          75116 Paris, France 
          www.iccwbo.org
          Copyright © 2013 (Mediation Rules), 2020 (Arbitration Rules) 
          International Chamber of Commerce (ICC) 
          All rights reserved
          ICC holds all copyright and other intellectual property 
          rights in this collective work. No part of this work may be 
          reproduced, distributed, transmitted, translated or adapted 
          in any form or by any means except as permitted by law 
          without the written permission of ICC. Permission can be 
          requested from ICC through copyright.drs@iccwbo.org.
          This publication exists in various languages. The English 
          version of the Rules is the original text. The latest editions of 
          all versions are available online at www.iccarbitration.org.
          ICC, the ICC logo, CCI, International Chamber of Commerce 
          (including Spanish, French, Portuguese and Chinese 
          translations), International Court of Arbitration and ICC 
          International Court of Arbitration (including Spanish, 
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          trademarks of ICC, registered in several countries.
          Publication date: September 2021
             FOREWORD
             ARBITRATION RULES
             MEDIATION RULES
             This booklet contains two discrete but complementary 
             dispute resolution procedures offered by the 
             International Chamber of Commerce (ICC). Arbitration 
             under the ICC Arbitration Rules is a formal procedure 
             leading to a binding decision from a neutral arbitral 
             tribunal, susceptible to enforcement pursuant to both 
             domestic arbitration laws and international treaties such 
             as the 1958 New York Convention. Mediation under the 
             ICC Mediation Rules is a flexible procedure aimed at 
             achieving a negotiated settlement with the help of a 
             neutral facilitator. The two sets of Rules are published 
             together in this booklet in answer to the growing 
             demand for a holistic approach to dispute resolution 
             techniques.
             Each set of Rules defines a structured, institutional 
             framework intended to ensure transparency, efficiency 
             and fairness in the dispute resolution process while 
             allowing parties to exercise their choice over many 
             aspects of procedure. Arbitration is administered by the 
             International Court of Arbitration and mediation by the 
             International Centre for ADR. These are the only bodies 
             empowered to administer proceedings under their 
             respective Rules, thereby affording parties the benefit of 
             the experience, expertise and professionalism of a 
             leading international dispute resolution provider. 
             Drafted by dispute resolution specialists and users 
             representing a wide range of legal traditions, cultures 
             and professions, these Rules provide a modern 
             framework for the conduct of procedures and respond 
             to the needs of international trade today. At the same 
             time, they remain faithful to the ethos and essential 
             features of ICC dispute resolution and, in particular, its 
             suitability for use in any part of the world in proceedings 
             conducted in any language and subject to any law. 
             Arbitration
             The Arbitration Rules are those of 2012, as amended in 
             2017 and 2021. They are effective as of 1 January 2021. 
             Some of the 2021 amendments reflect established 
             practice of the Court while others aim at increasing 
             the  flexibility, efficiency and transparency of ICC 
             Arbitrations. 
                                                        01
       FOREWORD
       Amendments with regard to complex arbitrations 
       include  Article 7(5) (providing for joinder of additional 
       parties after the confirmation or appointment of any 
       arbitrator) and Article 10(b) (allowing consolidation of 
       cases involving different parties where the same 
       arbitration agreements are relied upon). 
       The new Article 12(9) introduces an additional safeguard 
       for parties’ equality in the constitution of the arbitral 
       tribunal. It provides that the Court may appoint each 
       member of the arbitral tribunal where the method of 
       constitution in the arbitration agreement may pose a risk 
       to the validity of the award. 
       Independence and impartiality of arbitrators are further 
       addressed with the inclusion of a provision empowering 
       the arbitral tribunal to take any measure necessary to 
       avoid a conflict of interest of an arbitrator arising from a 
       change in party representation (Article 17(2)), and the 
       requirement of party disclosure of third-party funding 
       arrangements (Article 11(7)). In addition, Article 13(6), 
       which applies to investment arbitrations based on a 
       treaty, ensures complete neutrality of the arbitral 
       tribunal by providing that no arbitrator shall have the 
       same nationality of any party to the arbitration.
       On the conduct of the proceedings, the 2021 
       amendments acknowledge the increased use of 
       technology in arbitration, such as the transmission of the 
       Request for Arbitration and Answer by electronic means 
       of communication (Articles 4 and 5) and the possibility 
       for the arbitral tribunal to decide that hearings can be 
       held remotely after consulting the parties (Article 26(1)). 
       Moreover, the Rules introduce a provision on additional 
       awards (Article 36(3)), and, as a further step towards 
       flexibility and efficiency of the proceedings, encourage 
       parties to consider settlement of all or part of their 
       dispute (Appendix IV(h)(i)).
       The Rules also provide for increased transparency with 
       regard to the composition and functioning of the Court 
       (Appendices I and II) and the communication of reasons 
       of Court decisions upon request of any party 
       (Appendix II, Article 5).
       02 ICC Publication DRS892 ENG