NEWSLETTER-2019-metin

142 NEWSLETTER 2019 the arbitration shall not proceed, the proceedings shall be concluded, and the file shall not be transmitted to the arbitral tribunal. Article 6(6) and Article 6(7) regulate the stages following the Court’s negative decision. Article 6(6) relates to the parties that are excluded from the arbitration by the Court’s negative decision as to jurisdiction; whereas, Article 6(7) relates to claims excluded by the Court. Pursuant to Article 6(6), where the Court has decided that the arbitration cannot proceed in respect of some or all of them, any party retains the right to ask any court having jurisdiction whether or not, and in respect of which of them, whether there is a binding arbitration agreement. Article 6(7) sets forth that where the Court has decided that the arbitration cannot proceed in respect of any of the claims, such decision shall not prevent a party from reintroducing the same claim at a later date in other proceedings. Conclusion In this first article of this series on complex arbitrations, the struc- ture of the ICC Rules on complex arbitrations is examined. The details of the ICC Rules and the requirements thereto, will be examined in the upcoming articles.