ICC Arb 2026
Verweise
in Art. 7 ICC Arb 2026
ICC Arb 2026
ICC Arbitration Rules (2026)
(1) If any party against which a claim has been made does not submit an Answer, or if any party raises one or more pleas concerning the existence, validity or scope of the arbitration agreement or concerning whether all of the claims made in the arbitration may be determined together in a single arbitration, the arbitration shall proceed, and the arbitral tribunal shall decide directly any question of jurisdiction or whether the claims may be determined together in that arbitration, unless, prior to the constitution of the arbitral tribunal, the Secretary General refers the matter to the Court for its decision pursuant to Article 7(2).
(2) In all cases referred to the Court under Article 7(1), the Court shall decide whether and to what extent the arbitration shall proceed. The arbitration shall proceed if and to the extent that the Court is prima facie satisfied that an arbitration agreement under the Rules may exist. In particular:
a) If there are more than two parties to the arbitration, the arbitration shall proceed between those parties, including any additional parties joined pursuant to Article 8(1), with respect to which the Court is prima facie satisfied that an arbitration agreement under the Rules that binds them all may exist.
b) If claims are made under more than one arbitration agreement pursuant to Article 10, the arbitration shall proceed as to those claims with respect to which the Court is prima facie satisfied that: (i) the arbitration agreements under which those claims are made may be compatible, and (ii) all parties to the arbitration may have agreed that those claims can be determined together in a single arbitration.
(3) The Court’s decision pursuant to Article 7(2) is without prejudice to the admissibility or merits of any party’s plea or pleas.
(4) The arbitral tribunal has the authority to decide questions regarding its own jurisdiction, except as to any parties or claims with respect to which the Court has decided that the arbitration shall not proceed.
(5) Where the parties are notified of the Court’s decision pursuant to Article 7(2) 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, there is a binding arbitration agreement.
(6) Where the parties are notified of the Court’s decision pursuant to Article 7(2) that any of the claims in an arbitration cannot proceed, such decision shall not prevent a party from reintroducing the same claim at a later date in other proceedings.
(7) If any of the parties refuses or fails to take part in the arbitration or any stage thereof, the arbitration shall proceed notwithstanding such refusal or failure.
(8) Unless otherwise agreed, the arbitral tribunal shall not cease to have jurisdiction by reason of any allegation that the contract is non-existent or null and void, provided that the arbitral tribunal determines that the arbitration agreement is valid. The arbitral tribunal shall continue to have jurisdiction to determine the parties’ respective rights and to decide their claims and pleas even though the contract itself may be non-existent or null and void.
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