PRACTICAL GUIDE

Checklist for the First Month of International Commercial Arbitration

A practical checklist for counsel navigating the critical first month of an international commercial arbitration under ICDR or ICC rules.

SECTION 1

General Preparation

Pre‑filing and immediate post‑filing tasks common to both ICDR and ICC arbitrations.

Verify the Arbitration Agreement

  • Confirm that the parties agreed to arbitrate under the ICDR or ICC rules and that the clause is valid and enforceable.

  • Determine the governing law, seat of arbitration and language.

  • Identify any requirements concerning pre‑arbitration negotiation or mediation.

Preliminary Case Assessment

  • Identify claims, counterclaims and jurisdictional objections.

  • Estimate the monetary value of claims to determine filing fees and consider whether expedited or emergency procedures apply.

  • Prepare a preliminary chronology of facts and identify potential witnesses.

Consider Early Resolution

  • Discuss with clients whether mediation should be pursued concurrently with arbitration.

  • Mediation is mandatory under the ICDR rules unless opted out; optional but recommended by the ICC.

  • Evaluate whether an early disposition or summary determination of issues might dispose of the case (ICDR Article 23).

Document Preservation and Evidence

  • Issue internal document‑hold notices and gather contracts, correspondence, invoices and other evidence.

  • Preserve electronic files and consider instructing clients to avoid spoliation.

Determine Need for Emergency Relief

  • Both the ICDR and ICC rules allow parties to request emergency measures before the tribunal is constituted.

  • Assess whether interim relief (injunctions, freezing orders or preservation of assets) is needed.

  • Gather evidence to support an emergency application.

Propose Arbitrator Candidates

  • Compile a list of potential arbitrators and gather information on their expertise, independence and availability.

  • Both institutions allow the parties to nominate arbitrators when filing the Notice/Request and Answer.

SECTION 2

ICDR Rules — Steps & Deadlines

Key procedural steps under the International Centre for Dispute Resolution rules.

    • Draft the Notice of Arbitration — serve on ICDR administrator and respondent.

    • Include: demand for arbitration, party names/contacts, copy of arbitration clause and contract, description of claim and relief sought.

    • Include proposals on number of arbitrators, appointment method, seat, language and willingness to mediate.

    • Pay filing fee (calculated using the ICDR fee schedule).

    • Serve respondent concurrently (mail, courier, fax or electronic means) with record of service.

    • Respondent must submit written Answer within 30 days of administrator's receipt of notice.

    • Answer must admit or deny claims, raise jurisdictional objections, propose arbitrator selection, number, seat, language and mediation.

    • Include any counterclaims or set‑offs with additional filing fee.

    • Respondent must respond to claimant's arbitrator proposals within the same 30‑day period.

    • Failure to file an answer does not halt the arbitration.

    • ICDR case manager may hold administrative conference within ~10 business days of filing.

    • Discuss communication protocols, scheduling, suitability of expedited procedures, mediation and arbitrator selection.

    • Mediation is mandatory under ICDR International Mediation Rules unless the parties opt out.

    • Default is one arbitrator unless administrator decides three are appropriate due to size or complexity.

    • If no agreement on procedure within 45 days of commencement, administrator appoints upon request.

    • ICDR list method: identical list circulated, each party ranks preferences within 15 days.

    • Arbitrators must disclose circumstances affecting impartiality; parties may challenge within 15 days.

    • Tribunal conducts procedural hearing to organise and schedule the arbitration.

    • Discuss use of technology, deadlines for submissions, cybersecurity and data protection.

    • Prepare to suggest a procedural timetable covering discovery, hearings and witness statements.

    • Article 23 permits a party to seek early disposition of an issue if it has a reasonable chance of success.

    • Consider whether any claim or defence is suitable for early disposition.

SECTION 3

ICC Rules — Steps & Deadlines

Key procedural steps under the International Chamber of Commerce rules.

    • File Request for Arbitration with ICC Secretariat (Article 4).

    • Include: party names/contacts, description of dispute and basis of claims, relief sought with quantified amounts.

    • Include copies of arbitration agreement(s) and relevant contracts.

    • Include proposals on number/choice of arbitrators, seat, applicable law and language.

    • Pay non‑refundable filing fee of US$5,000 (or US$6,000 with VAT).

    • Submit via ICC Case Connect, email or hard copy.

    • Arbitration commences on the date the Secretariat receives the request.

    • Secretariat transmits request to respondent once filing fee is paid.

    • Respondent must file Answer within 30 days of receipt.

    • Answer must include response to claims, arbitrator proposals/nominations, seat, law and language proposals.

    • Counterclaims should be included with the answer, accompanied by appropriate filing fee.

    • Claimant has 30 days to reply to counterclaims.

    • ICC Court fixes provisional advance on costs shortly after filing.

    • Covers anticipated arbitrator fees and administrative expenses.

    • Payable in equal shares by claimant and respondent.

    • Failure to pay may lead to suspension or termination of the case.

    • Parties may agree on sole arbitrator or three arbitrators; if no agreement, ICC Court decides.

    • For sole arbitrator: parties jointly nominate. For three members: each party nominates one co‑arbitrator.

    • Co‑arbitrators agree on a president; failing agreement, the Court appoints.

    • Failure to nominate allows the Court to appoint on behalf of the party.

    • Once tribunal constituted and advance paid, Secretariat transmits file to tribunal (Article 16).

    • Tribunal must draft Terms of Reference summarising parties' claims, relief, issues, arbitrator details and seat.

    • Terms of Reference must be signed and transmitted to the Court within 30 days of file transmission.

    • If a party refuses to participate or sign, the Court may approve the ToR.

    • Tribunal holds Case Management Conference (Article 24) when drawing up ToR or shortly after.

    • Discuss scheduling of written submissions, document production, confidentiality and hearings.

    • Hearings may be conducted by video or hybrid methods.

    • Parties must disclose third‑party funding (Article 11(7)).

    • ICC Rules provide for emergency interim relief before the tribunal is constituted.

    • Applications must be filed separately with reasons explaining urgency.

    • Consider whether to apply for emergency measures and prepare application promptly.

SECTION 4

Comparative Timeline

Key tasks side‑by‑side for the first 30 days under ICDR and ICC rules.

Phase

Day 0

ICDR

Verify arbitration clause, gather documents, decide on emergency relief, prepare notice and calculate fees.

File Notice of Arbitration with ICDR and serve respondent; pay filing fee.

ICC

Day 0-1

After Constitution

Verify agreement, collect evidence, evaluate emergency relief and arbitrator candidates.

File Request for Arbitration with ICC Secretariat via Case Connect/email; pay US$5,000–6,000 filing fee.

Within One Week

Participate in administrative conference organized by ICDR case manager.

Await ICC acknowledgement; prepare for provisional advance on costs.

Day 1-30

Respondent files Answer and counterclaims within 30 days; includes arbitrator, seat, language and mediation proposals.

Respondent files Answer within 30 days; proposes arbitrator(s), seat, law; includes counterclaims and pays fees.

Day 10-20

Consider mediation (mandatory unless opted out) and emergency arbitrator application.

ICC Court requests provisional advance on costs; decide whether to apply for emergency arbitrator.

Day 30-45

Agree on number and method of appointment; if no agreement by 45 days, administrator may appoint.

Parties nominate co‑arbitrators in filings; failure to nominate allows ICC Court to appoint.

Tribunal conducts procedural hearing to set schedule, discuss cybersecurity and data protection.

File transmitted to tribunal; Terms of Reference drafted and signed within 30 days; Case Management Conference held.