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ARTICLE · 21 DECEMBER 2020

ICC 2021 Arbitration Rules: clarity at the cost of party autonomy?

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The 20201 revisions offer clarity and transparency to parties in complex disputes, but at the expense of party autonomy.

AustraliaLitigation, Mediation & Arbitration
Chris Ryder
Chris Ryder
Belinda Wong
Belinda Wong
Tobias Hill
Tobias Hill
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The International Chamber of Commerce (ICC) 2021 Arbitration Rules (2021 Rules) amend the 2017 Arbitration Rules (2017 Rules) and will come into force and apply to arbitrations submitted to the ICC's International Court of Arbitration from 1 January 2021.  

While the revisions to the 2017 Rules are intended to offer clarity and transparency to parties in complex disputes, this comes to some extent at the expense of party autonomy.

The changes are designed to provide "greater efficiency, flexibility and transparency"  by amending the procedural framework of ICC arbitrations to better address issues commonly faced in complex and high-value commercial and investor state disputes.

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