NEWSLETTER-2020-metin

191 ARBITRATION LAW ICC Guidance The ICC, through its Guidance, aims to provide case manage- ment tools and measures to mitigate the effect of the COVID-19 on arbitrations. The ICC Court, in its webinar, COVID-19 Briefing, of 15.04.2020 6 , put forth that the ICC Court and the Secretariat are functional; the ICC is giving high importance to business continuity, while paying great attention to the safety of their staff. This will help many ongoing disputes to proceed with a minimum of disruption and will enable new disputes to be filed. The ICC Guidance reminds par- ties, counsel, and tribunals of the existing measures already available, and provides guidance for the filings, conferences and hearings. General Considerations The ICC ensures that the deliberations of the Tribunal, and prepa- rations of the draft awards, should not be delayed, as they may be conducted remotely 7 . The Guidance refers to the many already exist- ing tools of the ICC to facilitate proceedings, and encourages all par- ticipants to implement effective case management techniques. 8 These tools include the Guidance, found in Appendix IV to the ICC Arbitra- tion Rules (“ICC Rules”), Note to Parties and Arbitral Tribunals on the Conduct of the Arbitration under the ICC Rules of Arbitration, as well as reports entitled Controlling Time and Costs in Arbitration and Effective Management of Arbitration – AGuide for In-House Counsel and Other Party Representatives. The ICC also highlights Article 24(3) of the ICC Rules. Article 24(3) allows tribunals to adopt appropriate procedural measures or to modify the procedural timetable. 9 This flexibility and discretionary power granted to the tribunals will become useful during the on-going pandemic. 6 For the presentation, please see; https://icc.academy/covid-19-resource-hub/ 7 Guidance, par. 5. 8 Guidance, paras. 6,7. 9 ICC Rules Article 24(3): “To ensure continued effective case management, the arbitral tribunal, after consulting the parties by means of a further case manage- ment conference or otherwise, may adopt further procedural measures or modify the procedural timetable.”