The entry into force of the ICC 2021 Rules

As of 1 January 2021, the new rules of the International Chamber of Commerce (“ICC”) have entered into force regarding the conduct of arbitration and case management for the arbitral proceedings submitted to the ICC rules.

The new rules intend to increase transparency and efficiency, by particularly taking into account the increased trend in third-party funding.

The most notable changes in the new rules are as follows:

There is now a more efficient joinder and consolidation regime. The new rules allow an already constituted tribunal to be able to join a third party to the proceedings, should pertinent
prerequisites be met. Furthermore, consolidation is now possible where all of the claims in the arbitrations are made under the same arbitration agreement(s).

The tribunal may now decide, after consulting the parties, and on the basis of the relevant facts and circumstances of the case, that the hearings be conducted remotely by videoconference,
whereby creating considerable efficiency and allowing the possibility of cutting back costs.

In order to enhance the transparency of the proceedings, the parties must now notify the Secretariat, the tribunal and the other party/parties of the dispute if the notifying party
is benefiting from third-party funding.

Should you request further information on what the new rules will bring for the ICC arbitral proceedings, please contact our arbitration team at:

Ergin Mizrahi
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