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In our previous issue (No. 1, year 1,
August 1998), we mentioned that the ICC
had adopted new arbitration rules
effective as of 1.1.1998 (the NR) which
replace the old rules of 1975 as amended
in 1988 (the OR). We also pointed out
therein some differences between these
two sets of rules. In this issue, we
would like to add that the OR had
expressly limited the function of the
Court of Arbitration to providing for
settlement of business disputes of an
international character. The NR clearly
add to this jurisdiction disputes of
national character if the arbitration
agreement so provides (Art. 1/1 of the
OR; cf., Appendix II of those Rules;
Art. 1/1 of the NR).
As to the additional (new) claims
intended to be submitted after the
establishment of the Terms of Reference
(TR), article 16 of the OR allows such
claims provided that they remain within
the limits fixed by the TR. The NR
contain a different provision whereby
either party may submit new claims even
if they are outside the limits of the TR
if that party has been authorized to do
so by the arbitral tribunal. The
tribunal shall consider, before giving
its decision on the matter, the nature
of such new claims, the stage of
arbitration and other relevant
circumstances (Art. 19). Furthermore,
the NR bind the arbitral tribunal, after
it has declared the proceedings closed,
to inform the Secretariat about the
approximate date by which the draft
award will be submitted to the Court for
its approval. Any postponement of that
date shall be communicated to the
Secretariat by the tribunal (Art. 22.2).
This provision has no counterpart in the
OR.
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