NEWSLETTER-2020-metin

196 NEWSLETTER 2020 2021 ICC Arbitration Rules* Att. Mehveş Erdem Introduction The International Chamber of Commerce (“ICC”) revised and introduced new Rules of Arbitration that will enter into force on 1 January 2021 (“2021 Arbitration Rules”). The 2021 Arbitration Rules were launched by the ICC through a webinar held on 1 December 2021 (“ICC Webinar”). During the ICC Webinar, it was stated that the main aim for the revisions is to crystallize established practices of the Court and Secretariat, modernize and increase transparency. The 2021 Arbitration Rules will apply to cases registered from 1 January 2021, and any case registered before will be governed by the 2017 Arbitration Rules. This Article will focus on the main changes and clarifications brought by the 2021 Arbitration Rules. Main Amendments and Clarifications Joinder of Additional Parties (Article 7) In the 2012 and 2017 Arbitration Rules an additional party could not have joined after the confirmation and appointment of the arbitral tribunal unless all parties including the additional party agree other- wise. The 2021 Arbitration Rules maintain the main understanding of joinder under the 2017 Arbitration Rules and have kept the previous framework while allowing for joinder after the arbitral tribunal is con- firmed or appointed. However, with the new Article 7(5) an arbitral tribunal may decide upon any request for joinder made after its confirmation and appointment once it is constituted. The additional party has to accept the constitution of the arbitral tribunal and agree to the Terms of Refer- ence. * Article of November, 2020