Dispute Resolution

In its more than 100 years, in addition to being the world’s largest business organization, ICC has become a reference center for dispute resolution services.

Today, the organization offers different solutions, as alternatives to litigation, always seeking to support its users to resolve their disputes in the most efficient, safe, fair and economical way possible. Our globally accessible and completely neutral services are available to anyone: from individuals and companies in the private sector to states and state entities.

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.

HOW ICC DRS WORKS:

In an increasingly turbulent commercial landscape where access to justice and the rule of law are crucial, ICC Dispute Resolution Services (DRS) offer unparalleled levels of service. Led by ICC Arbitration, ICC DRS provides a range of services to promote the continuity of global trade. This includes disputes prevention tools, ensuring that when disputes arise, they are resolved quickly and efficiently.

The effective operation of DRS is based on the premise of providing businesses with a fair process and equal access to justice. Arbitration and alternative dispute resolution (ADR) mechanisms provide parties with fast, predictable, cost-effective, and efficient access to justice, which is why companies include arbitration and ADR clauses in their commercial contracts. Additionally, ICC DRS offers a wide range of customizable services for each stage of a dispute, form services offered by the ICC International ADR Center (mediation, experts, dispute boards, and DOCDEX) to ICC Arbitration, conducted by the world´s most trusted institution: ICC´s International Court of Arbitration. ICC-administered procedures can be used separately, successively, or simultaneously, providing an effective alternative to litigation for the resolution of domestic and international disputes.

THE MEMBERS OF THE COURT FOR THE MANDATE OF 2021-2024 ARE:

  • Eduardo Damião Gonçalves (Brazil) – Vice President
  • Eliane Carvalho (Brazil) – Member of the Court
  • Fabiano Robalinho Cavalcanti (Brazil) – Alternate Member of the Court

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.

In partnership with CNI, in Brazil, the Court offers the parties a hearing room (Hearing Centre ICC-CNI) 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) 3040-8830
Tel: +55 (11) 94447 5429
ica10@iccwbo.org

HEARING CENTRE CNI-ICC
504, Rua Surubim – 14th floor
Brooklin, São Paulo – SP
04517-050, Brasil
Tel: +55 (11) 3040-3912
hearingcentre@cni.org.br

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.