ICC Expands Transparency Rules for Arbitrations

13 January 2016

The International Chamber of Commerce International Court of Arbitration has announced a new policy aimed at enhancing the transparency of ICC arbitration proceedings.

“The Court will from now on publish on its website the names of the arbitrators sitting in ICC cases, their nationality, as well as whether the appointment was made by the Court or by the parties and which arbitrator is the tribunal chairperson,” according to the announcement. This new policy will apply to all cases registered after Jan. 1, 2016.

This information will be published once the tribunal is constituted and updated in case of changes in the tribunal’s composition-without however mentioning the reason for the change, the ICC said. This information will remain on the website once the case is terminated.

“In order not to compromise expectations of confidentiality that may be important to the parties, the case reference number and the names of the parties and of counsel will not be published,” the ICC said. Parties will, by mutual agreement, have the option of opting out of this limited disclosure. They may also request the Court to publish additional information about a particular case, the ICC said

The decision was unanimously adopted at the Bureau of the Court at its session Dec. 17.

 

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ABOUT IFTI WATCH

In this column, Washington, D.C.-based journalist Toby J. McIntosh reports on the latest developments in information disclosure in International Financial and Trade Institutions (IFTI).
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