Новый Примирительный регламент Международной торговой палаты: в ожидании спроса на медиацию

Abstract

Russian businessmen are used to include arbitration clauses in their foreign trade agreements. Some of these clauses refer the disputes for settlement under the rules of the foreign arbitration centers, including Rules of Arbitration of the International Chamber of Commerce. While arbitration is one of the best known and widely applicable dispute resolution method, recent trend consists in the growing use of conciliation and mediation procedures for settlement of complex disputes arising between the participants of international commercial turnover. Mediation clauses together with multilayer and combined dispute resolution clauses become part of commercial reality where success and economy depends on the ability of the party to a commercial contract to quickly and correctly analyze the available solutions, consciously chose, correctly formulate and apply the dispute resolution method suitable for the particular dispute. In many cases mediation procedure allows the parties to settle their commercial dispute in the most efficient way. From this prospective awareness of the recent practices and new rules of the leading ADR centers becomes one of the key factors for successful activities on the field of international commercial relations. The ICC Mediation Rules are in force since January 1, 2014. This document replaces the ADR Rules which were in force from 2001. Author analyses the provisions of the new document from the prospective of its use for settlement of international commercial conflicts.