Leading Dispute Resolution worldwide
In an increasingly tumultuous trade environment where access to justice and the rule of law are key to ensuring business continuity, ICC Dispute Resolution Services facilitate the resolution of commercial disputes with unmatched levels of service.
ICC DRS offers a range of services to promote the continuity of global trade by helping commercial parties avoid, manage and resolve their disputes efficiently.
Dispute Resolution Services, including ICC Arbitration and dispute avoidance tools, ensure that when disputes arise, they are resolved quickly and efficiently. This allows parties to focus on their core business priorities with complete peace of mind, thanks to cost and process transparency, security and confidentiality.
How DRS works
To resolve disputes effectively and efficiently, businesses need a fair process and equal access to justice. Arbitration and Alternative Dispute Resolution (ADR) mechanisms give parties fast, predictable, cost effective and efficient access to justice which is why businesses include arbitration and ADR clauses in their commercial contracts.
ICC DRS offers a wide choice of customisable services for every stage of a dispute, from the services offered by the ICC International Centre for ADR (mediation, experts, dispute boards and docdex) to ICC Arbitration, delivered by the most trusted institution worldwide: the ICC International Court of Arbitration. ICC’s range of administered procedures can be used separately, successively or even concurrently as an alternative to litigation for resolving domestic and international disputes.
ICC Arbitration is a process guided by the ICC Rules of Arbitration. ICC’s globally accessible and completely neutral services are available to anyone, from individuals and private sector enterprises to states and state entities. Anyone can benefit from ICC Arbitration’s flexibility and effectiveness. The only requirement for a party to be able to benefit from ICC Arbitration is to consent to its use in a contract, treaty or separate arbitration agreement. This is usually provided for before a dispute arises, but may also occur after the dispute has taken place.
The International Court of Arbitration is the world’s leading arbitral institution. Since 1923, ICC has been helping to resolve disputes in international commercial and investment disputes.
Unrivalled in experience and expertise, the ICC Court and its Secretariat are always ready to assist parties and arbitral tribunals with any questions relating to the conduct of the arbitration and strive to ensure ICC awards are enforceable. The Court’s Secretariat, with over 100 lawyers and support personnel, operating through offices in Paris, Hong Kong, New York, Singapore, Sao Paolo, and Abu Dhabi administers cases in any chosen language. It continuously seeks to improve efficiency, control time and costs, and aid enforcement by introducing innovative new arbitration tools and procedures. This ongoing focus makes certain that ICC is always in touch with the concerns and interests of trading partners throughout the world.
Arbitration
Established in 1923, the International Court of Arbitration was the pioneer in international commercial arbitration, leading what soon resulted in the adoption of the 1958 New York Convention, about the Applicability and Recognition of Foreign Arbitrary Sentences. Today, the Court is widely recognized as the arbitrary institution with the biggest international projection, presided by Claudia Salomon (EUA) and composed by 195 members from 121 countries, including 17 Vice-Presidents.
At the forefront of resolving either simple or complex conflicts, ICC´s International Court of Arbitration works closely with its Secretariat. Together, they play a key role in leading Dispute Resolution globally in a neutral and accessible way. Anyone, from individuals to states, can benefit from the flexibility and effectiveness of this process, provided they consent to its use in a contract, treaty, or separate arbitration agreement.
THE MEMBERS OF THE COURT FOR THE MANDATE OF 2021-2024 ARE:
- Fabiano Robalinho
- Debora Visconte
- Valeria Galindez
The Court provides parties with flexible and neutral dispute resolution and additional freedom in choosing the structure of how and where they want the dispute to take place. While this is resolved by independent arbitrators, the Court and the Secretariat supervise the process from start to finish, in order to increase the quality of the process and the awards.
The Court’s work is supported by the Secretariat, which is made up of more than 80 lawyers and support staff. The Secretariat is currently made up of 12 teams: French, LatAm-Iberian, Common law, North America, Swiss-Italian, Eastern Europe, Middle East, German-Austrian, Asia I + HK, Brazilian, Asia II – Singapore, Abu Dhabi. The Regional Director of Arbitration and Alternative Dispute Resolution (ADR) – Latin America is Patrícia Ferraz, and the Brazilian team is led by Counselor Raphael Silva Lang.
ICC Brasil Arbitration Nominations Commission
ICC Brasil may be requested by the ICC International Court of Arbitration® (“ICC Court”) or the ICC International Centre for ADR (ICC Centre) to propose Brazil nationals with the required qualifications to serve in each case. ICC Brasil may also propose non-nationals residing in Brazil. This process is administered by the ICC Brasil Arbitration Nominations Commission, which interacts with the Secretariat of the ICC Court to enhance the appointment process.
If you are an arbitrator and would like to be considered for an ICC Arbitration, or have any questions about the process please contact ICC Brasil Nominations Committee ([email protected]). The Comittee consists of Lucas de Medeiros Diniz (Associate, Rodrigo Mendes Advogados), João Bosco Lee (Founding Partner, JBLEE Advogados), Natália Mizrahi Lamas (Founding Partner, N. Lamas Advocacia), Antônio Meyer (Lawyer), Fabiano Robalinho Cavalcanti (Partner, Sergio Bermudes Advogados).
How To Join
To become a member of ICC Brasil Arbitration Committee, you must be a member of ICC Brasil. To find out if your corporation, firm or organization is already a member or for information about becoming a member, please contact [email protected].
The Court offers the parties a hearing room (Hearing Centre ICC) to accommodate approximately 40 (forty) people in the same building, in the office of the São Paulo Court Secretariat, fully equipped with audio and video, microphones, computers, audio recording, internet supply; 3 (three) support rooms or rooms for holding smaller hearings, to accommodate approximately 12 (twelve) people each, with soundproof rooms and fully equipped, and 1 (one) room for the arbitral tribunal.
ICC DISPUTE RESOLUTION LIBRARY DRS’S PUBLICATIONS AND RESOURCES
CONTACTS
INTERNATIONAL SECRETARIAT OF THE COURT OF ARBITRATION – SCIAB
504, Rua Surubim – 12th floor
Mezzanine – Brooklin, São Paulo – SP
04517-050, Brasil
Tel: +55 11 5108-1440
Tel: +55 (11) 94447 5429
[email protected]
HEARING CENTRE CNI-ICC
504, Rua Surubim – 14th floor
Brooklin, São Paulo – SP
04517-050, Brasil
Tel: +55 (11) 3040-3912
[email protected]
Mediation
Mediation is a flexible solution technique, conducted in a private and confidential manner, in which a mediator acts as a neutral facilitator to help the parties reach an agreement.
ICC mediations are administered by the International ADR Center in accordance with the ICC Mediation Rules. Anyone can use ICC mediation, whether a company, state, government entity, international organization or individual.
The Center has administered mediation and other dispute resolution procedures involving parties of over 70 nationalities. The separation between the International Court of Arbitration and the International ADR Center aims to preserve the total confidentiality of the mediation and arbitration proceedings – whether simultaneous or not, and if the parties do not wish to exchange information. All of our friendly dispute resolution solutions provide parties with a procedural framework to resolve issues quickly, cordially and in the most cost-effective manner possible.
Experts
The ICC International ADR Center appoints or recognizes experts (experts, in Portuguese) with specialized knowledge in technical, legal, financial or other areas that can be useful in a variety of situations: to serve as witnesses, to help reconcile differences, or simply to assist in the normal course of international or domestic business.
In accordance with the ICC Experts Rules, the Center offers three different services related to the topic:
The International ADR Center also has a Standing Committee to support it in cases managed under the ICC Expert and Dispute Board Regulations. Since 2020, Gustavo Scheffer da Silveira, a lawyer at Tauil & Checker and a member of ICC Brasil, has become a member of the Committee, being the first Brazilian to hold the post.
Dispute Boards
Dispute Boards are independent bodies composed of one or three members, usually established upon the signing or beginning of the execution of a medium or long-term contract, to help the parties avoid or overcome any differences or disputes that may arise during the execution of the contract.
Typically used in construction projects, Dispute Boards are also effective in other areas, including research and development (R&D), intellectual property (IP), production sharing, and shareholder agreements.
The ICC Dispute Board Regulations are a set of provisions for establishing and operating a Dispute Board. It covers such matters as the appointment of Dispute Board members, the services provided by them, and the compensation received. Since their introduction in 2004, these rules have been widely used around the world. In 2015, the rules were revised to bring them into line with modern practice and requirements.
Issues related to Dispute Boards are also managed at the ICC within the International ADR Center.
The International ADR Center also has a Standing Committee to support it in cases managed under the ICC Expert and Dispute Board Regulations. Since 2020, Gustavo Scheffer da Silveira, a lawyer at Tauil & Checker and a member of ICC Brasil, has become a member of the Committee, being the first Brazilian to hold the post.