ICC Arb 2026
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References
in Art. 12 ICC Arb 2026

ICC Arb 2026  

ICC Arbitration Rules (2026)

(1) Every arbitrator shall be and remain impartial and independent of the parties involved in the arbitration.
(2) Before appointment or confirmation, a prospective arbitrator shall sign a statement of acceptance, availability, impartiality and independence. In such statement, the prospective arbitrator shall disclose in writing to the Secretariat any facts or circumstances which might be of such a nature as to call into question the arbitrator’s independence in the eyes of the parties, as well as any circumstances that could give rise to reasonable doubts as to the arbitrator’s impartiality. Any doubts the prospective arbitrator may have about whether to make a disclosure shall be resolved in favour of disclosure. The Secretariat shall provide such information to the parties and fix a time limit for the parties to provide any comments.
(3) An arbitrator has an ongoing duty to immediately disclose in writing to the Secretariat and to the parties any facts or circumstances referenced in Article 12(2) concerning the arbitrator’s independence or impartiality which may arise during the arbitration.
(4) A disclosure does not, by itself, establish a lack of independence or impartiality.
(5) To assist prospective arbitrators and arbitrators in complying with their disclosure obligations, at the time of filing their respective Request, Answer, Request for Joinder, Answer to a Request for Joinder or request for an extension of time for submitting an Answer under Article 6(2), each party must submit to the Secretariat a list of persons and entities which they believe the prospective arbitrators and arbitrators should consider and the reasons thereof.
(6) To assist prospective arbitrators and arbitrators in complying with their disclosure obligations, each party must promptly inform the Secretariat, the arbitral tribunal and the other parties, of the existence and identity of any non-party that has entered into an arrangement for the funding of claims or defences and under which it has an economic interest in the outcome of the arbitration.
(7) The Court’s decisions on the appointment, confirmation, challenge or replacement of an arbitrator shall be final.
(8) Arbitrators shall keep confidential all matters relating to the arbitration unless otherwise in the public domain, agreed by the parties, required by applicable law, or necessary to protect a legal right or comply with disclosure obligations.
(9) By accepting to serve, arbitrators undertake to carry out their responsibilities in accordance with the Rules.
(10) Unless the parties agree otherwise, the arbitral tribunal shall be constituted in accordance with the provisions of Articles 13 and 14.
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