On The ICC International Court Of Arbitration

Arbitration is a preferred method by international business people to settle international commercial disputes. As a kind of legal mechanism, arbitration follows its own development track and many of its traits can be traced back in time-honoured history.By reviewing the historical evolution of international commercial arbitration system, the author finds out the most outstanding feature in the development course of international commercial arbitration since 20 th century is the thriving of commercial arbitration institutions. Among them, the ICC International Court of Arbitration(ICCA) stands out with its strong superiority in its commercial arbitration service, which is adaptive to different countries, languages and various social and legal systems.In-depth analysis has been made on ICCA’S arbitration agreement, arbitration rules, arbitrator selection, and terms of reference together with substantial ICCA cases in aims of finding the regular patterns as well as development trend of international commercial arbitration institutions.Besides the Preface, this dissertation is divided into five chapters. Chapter 1 reviews the historical development of commercial arbitration and later introduces arbitration institutions with ICCA being in the spot light.Chapter 2 is an exclusive study on ICCA’s mechanisms in terms of Arbitration Agreement, Arbitrator Selection and Terms of Reference. The author explores several important issues which are most distinctive and controversial but are the most common concerns in relation to international commercial arbitration.Chapter 3 focuses on ICCA Arbitration Rules in 1955, 1975, 1998 and 2012,with each rule’s modification and influence being discussed in detail.Chapter 4 is a case study chapter which highlights ICCA’s force of arbitration agreement, doctrine of competence-competence and the unique “award by consent” mechanism.In Chapter 5, the author analyses the reality of China to find out the gaps and deficiencies in this field and makes proposals for better development of China’s international commercial arbitration system.