ome Practical Reflections on the ICC’s Model Dispute Resolution Clauses 

Christopher Newmark

Parties who wish to provide for one or more ICC dispute resolution procedures in their contract are faced with the task of drafting a clear and effective dispute resolution clause. The ICC has provided significant assistance in this regard, not only by publishing numerous alternative model clauses, but also by accompanying those clauses with notes that offer guidance on how they might be used.  These model clauses and notes, which cover arbitration, mediation, expert proceedings, dispute boards and pre-arbitral referees, can be found in the printed booklets containing the various Rules as well as on the ICC website.  The purpose of this article is to bring all of the model ICC dispute resolution clauses together in one place, along with their accompanying notes, and to look at some of the practical issues raised by their use. Questions discussed include possible combinations of procedures, the pros and cons of specifying the number of arbitrators in an arbitration clause, whether and how to choose settlement procedures other than mediation, considerations concerning the emergency arbitrator procedure, and the integration of expert proceedings into a dispute resolution clause.  The author also takes the opportunity to expand on the notes that accompany the clauses, identifying common themes and principles, such as the need to take account of applicable law and the importance of simplicity and clarity, all of which should assist those tasked with drafting the dispute resolution provisions of a contract. In English.