Below are the general rules of arbitration with the International Trade Council:
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Scope of application: The rules apply to any arbitration arising out of or relating to a contract or agreement containing an arbitration clause that refers to the ITC or its arbitration rules.
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Notice of arbitration: A party initiating arbitration must submit a written Notice of Arbitration to the ITC, including the names and contact details of the parties, a copy of the arbitration clause or agreement, a description of the dispute, the relief sought, and preferences regarding the number of arbitrators and their qualifications.
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Commencement of arbitration: The arbitration proceedings shall be deemed to commence on the date the ITC receives the Notice of Arbitration, provided that all procedural requirements have been met.
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Response to the Notice of Arbitration: The respondent must submit a written response to the Notice of Arbitration within a specified timeframe, addressing the claimant's assertions and providing any counterclaims or defenses.
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Appointment of arbitrators: The parties may agree on the number of arbitrators and their appointment method. If the parties cannot agree, the ITC will appoint a default number of arbitrators (e.g., three) and select them from a pre-approved list or based on specific qualifications.
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Impartiality and independence of arbitrators: Arbitrators must be impartial and independent, and they must disclose any circumstances that could give rise to doubts about their impartiality or independence.
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Place of arbitration: The parties may agree on the place of arbitration. If they cannot agree, the ITC or the arbitral tribunal will determine the location.
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Language of arbitration: The parties may agree on the language of the arbitration proceedings. If they cannot agree, the arbitral tribunal will decide on the appropriate language.
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Written submissions and document production: The parties must submit written statements of their respective claims and defenses, along with supporting documents. The arbitral tribunal may also order the production of additional documents if deemed necessary.
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Confidentiality: The arbitration proceedings, including the documents and materials submitted by the parties, shall be confidential unless otherwise agreed by the parties or required by applicable law.
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Hearings: The arbitral tribunal may hold hearings for the presentation of evidence or oral arguments, either in-person or via electronic means, at its discretion or upon the request of a party.
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Interim measures: The arbitral tribunal may grant interim measures, such as injunctions or orders for security, at the request of a party to protect its rights or interests during the arbitration process.
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Awards: The arbitral tribunal will issue a written award, stating the reasons for its decision and any remedies granted. The award must be signed by the majority of the arbitrators, and it is final and binding on the parties.
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Correction, interpretation, and supplementation of awards: The parties may request the arbitral tribunal to correct any errors, clarify the award's meaning or interpretation, or issue an additional award on matters not addressed in the initial award.
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Costs: The parties shall bear the costs of arbitration, including the arbitrators' fees, the ITC's administrative fees, and the costs of any expert witnesses or translation services, in proportion to their respective success in the proceedings, unless otherwise agreed or determined by the arbitral tribunal.
