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ARTICLE · 11 JANUARY 2016

The New 2015 ICC Dispute Board Rules

The International Chamber of Commerce ('ICC') has just published a revised set of Dispute Board Rules to follow up on its original set of 2004.

United KingdomLitigation, Mediation & Arbitration

The International Chamber of Commerce ('ICC') has just published a revised set of Dispute Board Rules to follow up on its original set of 2004. Nabeel Khokhar of DriverTrett and David Brown of Clyde & Co served on a task force assisting the drafting committee, with Nabeel speaking at the global launch of the new Rules at the ICC Headquarters in Paris in early October of this year. The new Rules contain some interesting changes, as Nabeel and David discuss in the following overview.

Dispute Board ('DB') members might be said to be in a unique position. They find themselves in between mediators and conciliators on the one hand, and binding dispute resolvers such as arbitrators on the other. As their name suggests, they are there to decide disputes, but is this all they should do? One of the most interesting considerations with respect to any set of DB rules is the extent to which they empower DBs to assist parties with potential or actual disputes in other ways.

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