The International Commercial Court for Mediation,
Conciliation and Arbitration (ICCMCA)
is a not-for-profit institution which
promotes and administers Alternative Dispute Resolution (ADR) in international
commercial transactions. ICCMCA applies an integrated approach to mediation
and arbitration, commonly referred to in legal circles as MedArb. This approach
maximizes the opportunity for parties to a dispute to reach a negotiated
settlement with time and cost savings, while ensuring a final result (arbitral
decision and/or award) within a reasonable time if for any reason the parties
fail to resolve their differences in mediation.
The information presented here is for the business community as well as legal professionals. The election of ADR over a court of law is purely voluntary; without mutual consent of all of the parties to a dispute, ICCMCA cannot commence proceedings. Parties to commercial contracts are generally free to elect ICCMCA as administrator for ADR proceedings in any current or future disputes as may arise under a contract (please consult the Model ADR Clause). When parties stipulate in writing to ICCMCA for dispute resolution, they have voluntarily accepted ICCMCA ADR administered by ICCMCA in the event of a dispute. Individual parties will remain bound by an ADR clause even if they later change their minds.
There is no fee for using an ICCMCA dispute resolution clause; agreements are not registered with ICCMCA. However before inserting an ICCMCA clause, the parties should be familiar with the types of disputes ICCMCA is organized to resolve; its Fee Schedule; geographical focus and scope of activities etc. In any case of doubt a legal professional should be consulted.
The decision to elect ADR should take into account the circumstances of the parties and the nature of their dealings. Common factors cited in favor of ADR include:
Faster proceedings
This is a broad generality. In
some cases, arbitration proceedings especially can become quite lengthy. This
depends to a large extent on whether or not the proceedings are administered (as
opposed to ad hoc), and if administered, on the policies and procedures of the
administering institution. ICCMCA in its role as administrator imposes certain
time deadlines and otherwise uses its influence over the process to ensure that
its proceedings are concluded expeditiously. Court proceedings can become very
protracted in the appeals process; arbitral results are generally final.
Reduced costs
Also a generality, as there are
potential costs of MedArb (especially arbitration phase) which cannot be known
beforehand. However, ICCMCA proceedings should be significantly more cost
effective than a court of law in virtually every circumstance where it would be
reasonable to elect ADR administered by ICCMCA. Even when arbitration is
indicated, the case filing fees of ICCMCA typically compare very favorably with
corresponding state fees for filing in court.
Also important to consider, ICCMCA encourages the use of mediation which can be
a major cost avoider. Even when a case proceeds to arbitration, the streamlined
proceedings and limit on appeals tend to hold down the costs of legal counsel
and other costs likely to be incurred in a more lengthy proceeding.
International Recognition of Awards
The 1958 New York Convention on International Recognition of Arbitral Awards is the key to
the international success of arbitration. An arbitral award qualifying for
recognition under the convention can be enforced in any country which has
ratified the convention. The list of member countries is extensive. This gives
arbitral awards an important advantage over conventional court awards which are
typically only enforceable in the country where they were rendered. For more
information, please consult Uncitral.
Why ICCMCA?
ICCMCA is the product of dialogue and cooperation amongst a diverse group of international legal professionals. Though registered and based in the United States, its activities at this time are directed at the heart of Europe, where "East meets West". The founders have been deeply involved in international commerce and investment in the region, and agreed on the need for a truly flexible, impartial and cost effective means of dispute resolution to promote justice and beneficial commercial endeavors.
A key feature of ICCMCA is its emphasis on the use of information technology to increase the speed and reduce the cost of Alternative Dispute Resolution. The website of ICCMCA is continuously developing to be a central element in the daily life of the organization; an active interface whereby parties to disputes and neutrals can be in continuous contact with ICCMCA regardless of their physical location. Technology serves not merely to make the task of administration easier or to simply convey information, but to directly advance the pace of proceedings in every phase.
ICCMCA is continuously extending its network of neutrals in the Baltic States, Nordic Countries and Eastern Europe. Any qualified professional who wishes to be considered as a neutral should feel free to contact the Registrar.
