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ARTICLE · 02 DECEMBER 2004

The ICC’s New Dispute Board Rules

Jones Day
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In recent years, the inventory of alternative dispute resolution ("ADR") techniques has been enriched by the use of dispute review (or adjudication) boards.

FranceReal Estate and Construction
Carroll Dorgan
Carroll Dorgan
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In recent years, the inventory of alternative dispute resolution ("ADR") techniques has been enriched by the use of dispute review (or adjudication) boards. The International Chamber of Commerce ("ICC") in Paris has now issued its new Dispute Board Rules ("DB Rules"), in force as from September 1, 2004. This article first reviews the background and comments upon certain general principles and issues that arise in connection with dispute boards. It then summarizes the salient features of the ICC’s DB Rules and concludes with a few comments about these rules.

Background

Introducing its DB Rules, the ICC describes dispute boards as follows:

"Dispute Boards (DBs) are independent bodies normally set up at the outset of a contract and which remain in place for its duration. Comprising one or three members thoroughly acquainted with the contract, DBs can help parties resolve their disagreements and disputes by providing informal assistance and by issuing recommendations or decisions."

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