Journal of Arbitration Studies (한국중재학회지:중재연구)
- Volume 24 Issue 3
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- Pages.47-77
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- 2014
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- 1226-3699(pISSN)
The ICC Scrutiny Process and Enhanced Enforceability of Arbitral Awards
- Flecke-Giammarco, Gustav (ICC International Court)
- Received : 2014.07.31
- Accepted : 2014.08.21
- Published : 2014.09.01
Abstract
Ever since its introduction in the 1927 ICC Arbitration Rules, scrutiny of awards by the ICC Court has been a cornerstone feature of ICC arbitration. Most players involved in the arbitral process are likely to concede that a certain level of review of arbitral awards is both desirable and beneficial. Indeed, proponents among the users are frequently influenced in their choice of the ICC as the administering arbitral institution, based on their strong conviction that time and money invested in the resolution of a dispute is ultimately only well spent if awards are voluntarily complied with or at least less susceptible to be set aside. By providing a look behind the scenes of the scrutiny process, the article does away with tales of excessive intervention on behalf of the arbitral institution when reviewing and approving awards and demystifies the role played by the ICC Court throughout its close interaction with arbitral tribunals operating under the ICC Rules. The article further argues that the scrutiny process can be a highly efficient tool that helps to increase the quality and enforceability of awards rendered under the aegis of the ICC.
Keywords
- Institutional Arbitration;
- ICC International Court of Arbitration;
- ICC Secretariat;
- ICC Award Checklist;
- Scrutiny;
- Article 33 ICC Arbitration Rules;
- New York Convention;
- Recognition and Enforcement of Arbitral Awards;
- Judicial Review of Arbitral Awards