ICC Arbitration – an efficient and professional solution to international and even local disputes
Articles

ICC Arbitration – an efficient and professional solution to international and even local disputes

Doron Afik, Esq.
June 22, 2011
Print
PDF

In a special conference held in Tel Aviv in cooperation with ICC in Israel, headed by Maj. Gen. (res.) Oren Shachor and Mr. Baruch Mazor, in cooperation with ICC International, Simon Greenberg and Tamar Meshel, experts in the field, conveyed to dozens of participants, in a nutshell, the great advantages of arbitration (or mediation proceedings) before the ICC, a process that many Israelis are unwillingly deterred from taking. Such a process, based on international experience of nearly 100 years, managed by lawyers specializing in ICC arbitration, may be a cheap, relatively fast and effective solution to major conflicts, especially on the international level, but also between Israeli parties.
An arbitration process is an efficient and good solution, sometimes very substantially, from a court proceeding. In arbitration, an arbitrator with expertise in the area of ​​conflict may be chosen, preferably in the language preferred by the parties (whereas the Court proceedings in Israel will be held in Hebrew only), it can be held on a much faster route than the Court. However, sometimes parties are reluctant to approach arbitration mainly because they can not reach an agreement on the identity of the arbitrator and the manner in which the arbitration is conducted and find themselves in a long and expensive legal process in Court only in order to ultimately reach arbitration before an arbitrator referred to by the Court (Which does not necessarily meet the criteria that the parties would have chosen had they agreed in advance on the arbitration process and its terms.)
A convenient and good solution is to choose an arbitration institution which according to its rules the arbitration will be administered and by doing so get a pre-prepared set of rules. There are many such institutions, both in Israel and in the world, but none of them operates as an institution of the ICC, which seats is in France (although arbitration can be anywhere in the world and in any language, including proceedings under Israeli law, in Israel and even in Hebrew) for early 100 years and is proud of tens of thousands of conflicts resolved through it.
The greatest advantage of ICC arbitration is the fact that this institution has a large professional mechanism that accompanies the entire process and even reviews the arbitrator's judgments and decisions before they are issued to the parties, in order to ensure that the documents conform to the document standards accustomed forthis international organization. In this way, the parties know that the arbitrator's award will be reasoned, coherent and well-founded, and that a fair trial will be made and seen. The rules of the institution further guarantee the absence of conflicts of interest, the proper conduct of proceedings and the efficient management of the proceedings.
It is important to emphasize that the rules of the ICC are complex and that the process is the most practical aspect of conflict management within the framework of the institution's rules. The Institute organizes international training courses for the training of arbitrators and prosecutors, as well as the Court and the ICC in Israel. It is advisable to consult a properly trained expert before entering into such a process, but consider using these procedures as an effective and inexpensive alternative to conflict management, especially when the amount and complexity of the conflict is large.