ICC Arb 2026
References
in Art. 16 ICC Arb 2026
ICC Arb 2026
ICC Arbitration Rules (2026)
(1) The Court shall replace an arbitrator upon death of the arbitrator, upon the Court’s acceptance of the arbitrator’s resignation, upon the Court’s acceptance of a challenge, or upon the Court’s acceptance of a request of all the parties.
(2) When the Court considers that an arbitrator may be prevented de jure or de facto from fulfilling the arbitrator’s functions, or the arbitrator may not be fulfilling those functions in accordance with the Rules or within the prescribed time limits, the Court may initiate replacement proceedings on its own initiative.
(3) Once the Court has initiated replacement proceedings pursuant to Article 16(2), the Secretariat shall provide the arbitrator concerned, the parties and any other members of the arbitral tribunal an opportunity to comment in writing within a time limit fixed by the Secretariat. Such comments shall be communicated to the parties and to the arbitrators. The Court shall thereafter decide whether to replace the arbitrator.
(4) When an arbitrator is to be replaced, the Court has discretion to decide whether or not to follow the original nominating process. Once reconstituted, and after having invited the parties to comment, the arbitral tribunal shall determine if and to what extent prior proceedings shall be repeated before the reconstituted arbitral tribunal.
(5) After the last hearing or the filing of the last substantive submissions, whichever is later, instead of replacing an arbitrator who has died or been removed by the Court pursuant to Articles 16(1) or 16(3), the Court may decide, when it considers it appropriate, that the remaining arbitrators shall continue the arbitration. In making such determination, the Court shall take into account the views of the remaining arbitrators and of the parties and such other matters that it considers appropriate in the circumstances.
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Documents
for Schiedsverfahrensrecht
notes
for Art. 16 ICC Arb 2026
No notes available.