ICC arbitration (2012, 2017 & 2021 Rules): Terms of Reference with drafting notes

This legal template pertains to the International Chamber of Commerce (ICC) arbitration, specifically focusing on the Terms of Reference with drafting notes. The ICC is an international organization that provides arbitration and dispute resolution services for businesses and individuals involved in international trade. The template covers the ICC arbitration rules implemented in the years 2012, 2017, and 2021.

The Terms of Reference refer to a document that is formulated in the initial stages of an arbitration case. It serves as a roadmap, setting out the key aspects and procedural details of the arbitration process. The document outlines the agreed-upon terms, issues to be resolved, jurisdiction, applicable laws, language, and timetable for the arbitration proceedings. Additionally, it may include provisions on evidence, witnesses, and experts, among other relevant aspects of the case.

The drafting notes within this legal template provide guidance and explanations regarding the content and structure of the Terms of Reference. They assist legal practitioners and arbitrators in efficiently and effectively expressing the parties' positions, ensuring a clear and comprehensive document. The drafting notes may include suggestions for specific clauses, examples, considerations to be taken into account, and explanations of the reasoning behind certain provisions.

This legal template offers a standardized format for drafting the Terms of Reference, aligning with the ICC arbitration rules from 2012, 2017, and 2021. It aims to streamline the arbitration process and assist in creating a robust, carefully structured, and properly documented foundation for the case.