NEWSLETTER-2020-metin

201 ARBITRATION LAW vide one copy for each party, plus one for each arbitrator, and one for the Secretariat,” it is now up to the parties and the arbitral tribunals whether they will require any documents in hard copy. According to amendments made to Article 4 and Article 5, it is now left to the parties to decide whether they choose delivery against receipt, registered post or courier and thereafter submit necessary cop- ies for each party, each arbitrator and the Secretariat. While making these amendments, the ICC wanted to make sure that the awards will be enforceable and therefore left the choice to the parties. It was also highlighted that even though the ICC encourages electronic signature, and signature in counterparts, these provisions were not included in the amendments to avoid enforceability issues. Investment Arbitration (Article 13(6)) The 2021 Arbitration Rules introduce two new rules under Article 13(6) and Article 29(6)(c) for treaty disputes. Article 13(6) is a similar regulation to ICSID Convention Article 39 providing that no arbitrator can have the same nationality as a party, unless the parties agree oth- erwise. Article 29(6)(c) provides a carve out for Emergency Arbitrator Provisions if the arbitration agreement upon which the application is based arises from a treaty. This provision is also in line with the ICSID and UNCITRAL Arbitration Rules that do not provide for emergency arbitration. These two new specific provisions for investment treaty disputes show ICC’s willingness to attract parties to consider its 2021 Arbitration Rules for their disputes. Additional Awards (Article 36(3)) The 2021Arbitration Rules bring a new rule for additional awards under Article 36(3). An arbitral tribunal upon an application by a party, may decide upon claims made during the proceedings that it has omit- ted. The other party will have the opportunity to comment within 30 days. The arbitral tribunal will submit its decision on the application in draft form to the ICC Court no later than 30 days following the expiry of the time limit for the receipt of any comments from the other party or within a time decided by the ICC Court.