ICC International Court of Arbitration

What we do

The International Court of Arbitration of the ICC is one of the most widely used arbitration tribunals in the world. For international dispute resolution, the ICC Court of Arbitration is the leading tribunal. We assist (international) companies during ICC arbitration cases. We have the legal expertise to wholeheartedly represent our clients' interests. Moreover, many of our lawyers speak multiple languages.

We have the experience and expertise to assume various roles during an arbitration case: from advice to assistance. Contact us to discuss the possibilities.

What is the ICC International Court of Arbitration?

The ICC International Court of Arbitration is the arbitration institution of the International Chamber of Commerce, founded in 1923 and based in Paris. Despite the name “Court,” the court itself does not issue awards: it manages and monitors arbitration proceedings conducted by independent tribunals (the arbitrators). The ICC Court confirms, appoints, and replaces arbitrators, decides on challenges, sets advances and fees, and monitors the progress and efficiency of every case. A characteristic feature is scrutiny: the court reviews every draft arbitral award in advance for form and quality, which strengthens enforceability. For both an international group and the entrepreneur with a single foreign trading partner, this represents a neutral and reliable framework for cross-border dispute resolution. This page falls under our main area of ​​expertise: Arbitration.

The ICC arbitration procedure step by step

An ICC arbitration proceeds along fixed steps laid down in the ICC Arbitration Rules:

• Request for Arbitration – the claimant submits the request to the Secretariat of the ICC Court, together with the facts, the claims, and a proposal for the arbitrator(s).
• Answer – the other party responds in principle within 30 days, possibly with a counterclaim.
• Advance payment of costs – the Court sets an advance payment for the arbitrators' fees and administrative costs, to be paid in principle equally by both parties.
• Composition of the arbitral tribunal – one arbitrator or a panel of three; parties nominate, the court appoints or confirms.
• Case Management Conference – the arbitral tribunal establishes the rules of procedure and the procedural calendar together with the parties.
• Written round and hearing – memoranda, witness and expert evidence, and a (physical, hybrid, or virtual) hearing.
• Scrutiny and the judgment – ​​the ICC Court reviews the draft judgment before signing; subsequently, the final and binding judgment is sent to the parties.

Our lawyers and in-house counsel guide you through every phase, from drafting the petition to the hearing.

The ICC arbitration clause: prevent problems in advance

ICC arbitration begins with a well-written arbitration clause in the contract. The ICC recommends a model clause stating that disputes will be settled definitively in accordance with the ICC Rules of Arbitration. Supplementing this with four points prevents future uncertainty: the place (seat) of arbitration, the number of arbitrators, the language of the proceedings, and the applicable law. Unclear wording leads to delays and can even frustrate dispute resolution. We review and draft arbitration clauses for a wide range of contracts—from a distribution agreement for an international group to a supply contract for a local entrepreneur—so that you will not face any surprises in the event of a dispute.

ICC arbitration with the Netherlands as the place of arbitration

If parties choose the Netherlands (for example, Amsterdam) as the seat, Dutch arbitration law under Book 4 of the Dutch Code of Civil Procedure (Articles 1020 to 1076 Rv) applies alongside the ICC rules. This affects, among other things, the validity of the arbitration agreement, the jurisdiction of the arbitral tribunal, and the possibility of setting aside a judgment by a state court (Articles 1064 and 1065 Rv) on limited grounds, such as the absence of a valid arbitration agreement or a conflict with public order. The Netherlands is known as arbitration-friendly: the courts support the process and intervene only with restraint. We advise on the consequences of the chosen seat and ensure that Dutch requirements are respected.

Recognition and enforcement of the ICC judgment

An ICC award is binding, but must be enforced in the event of voluntary non-compliance. Foreign arbitral awards are recognized and enforced in the Netherlands pursuant to the New York Convention (1958) and Articles 1075 and 1076 of the Dutch Code of Civil Procedure. That convention applies in more than 170 countries, making an ICC award highly enforceable worldwide — a significant advantage over a ruling by a national court, which is often much more difficult to execute abroad. We provide guidance on both the enforcement of a favorable award and the defense against recognition when a ground for refusal under the convention is at issue.

Costs, lead time and the accelerated procedure

The costs of ICC arbitration consist of the ICC's administrative costs, the arbitrators' fees, and your own legal fees. The court determines the advances based on the value of the case. For disputes with limited financial interest, the ICC offers an Expedited Procedure: in principle, one arbitrator, shorter time limits, and a ruling within a few months, with lower costs than a regular procedure. We consider the proportionality with you: is arbitration at the ICC appropriate, or is another route (such as mediation or the state courts) more efficient? We also carefully weigh the costs and benefits for smaller entrepreneurs.

Frequently asked questions about ICC arbitration

Is an appeal possible against an ICC award? No, an arbitral award is in principle final and binding; there is no substantive appeal. However, an award may be set aside by a state court in limited cases (Article 1065 of the Dutch Code of Civil Procedure).

Do I need a lawyer for ICC arbitration? Representation by a lawyer is not mandatory in arbitration, but given the complexity and the stakes, expert assistance is highly recommended. At MKB Juristen, you work with mixed teams of lawyers and in-house counsel.

What does ICC arbitration cost? That depends on the financial stake and the number of arbitrators. The ICC publishes cost scales; for smaller disputes, the expedited procedure offers a cheaper alternative.

In which language does the procedure take place? The parties determine this, in principle via the arbitration clause. If nothing is agreed, the arbitral tribunal decides. Many of our legal experts work multilingually.