International Chamber Of Commerce Research Articles

International Chamber of Commerce: General Usage for International Digitally Ensured Commerce

International Chamber of Commerce: General Usage for International Digitally Ensured Commerce

Legal management of machinery failures: Legal instruments securing performance and safety

Safety engineering aims at reducing the incidence of failure. In order to limit the loss in cases of failure, purchasers of plant equipment and machinery seek to protect themselves in various ways. The level of legal protection available varies considerably. An assessment is made of the value of various types of legal protection usually found in international plant equipment and machinery contracting. In particular, the following are reviewed. (i) Comfort letters are assurances issued by the contractor or its parent company. The legal value of letters of comfort is very limited and in many cases enforceability is non-existent. (ii) Warranties are either legal warranties available under the national law applicable to the contract and as such subject to legal prerequisites or formalities sometimes not fully contemplated by the parties, or express stipulations of the parties and as such are subject to the enforceability and construction of the terms chosen. (iii) Ondemand guarantees provide a high degree of comfort as collateral for securing warranties. The unfair calling of on-demand guarantees, and any disparity in the legal evaluation of on-demand guarantees under different legal systems are areas of major concern. The rules published by the International Chamber of Commerce (ICC) and the Convention drafted by UNCITRAL are discussed. (iv) Stand-by letters of credit in documentary form provide a high degree of security to both the contractor and the buyer. The documents to be tendered under stand-by letters of credit are capable of providing reliable legal evidence in cases of failure. Documentary letters of credit are subject to the ICC Uniform Customs and Practices for Documentary Credits (UCP 500). They enjoy worldwide reputation and secure informity in their application. (v) Sureties in the USA are reliable and effective devices that industry has developed over the years. A surety company guarantees the timely and conforming completion of construction and plant contracts. The underwriting company supervises the progress of the contract and steps in or replaces the contractor in cases of failure. Unfortunately, the activities of the surety companies traditionally is restricted to the USA, and some time will pass before a surety industry will develop in other parts of the world. Recommendations are made on how to manage the risk of failure from a legal point of view. The use of effective forms of legal protection is an indispensable aspect of safety engineering and high wire risk management.

International Chamber of Commerce: Rules of Arbitration

International Chamber of Commerce: Rules of Arbitration

CODES OF ENVIRONMENTAL MANAGEMENT PRACTICE: Assessing Their Potential as a Tool for Change

Codes of environmental management practice emerged as a tool of environmental policy in the late 1980s. Industry and other groups have developed codes for two purposes: to change the environmental behavior of participating firms and to increase public confidence in industry's commitment to environmental protection. This review examines five codes of environmental management practice: Responsible Care, the International Chamber of Commerce's Business Charter for Sustainable Development, ISO 14000, the CERES Principles, and The Natural Step. The first three codes have been drafted and promoted primarily by industry; the others have been developed by non-industry groups. These codes have spurred participating firms to introduce new practices, including the institution of environmental management systems, public environmental reporting, and community advisory panels. The extent to which codes are introducing a process of cultural change is considered in terms of four dimensions: new consciousness, norms, organization, and tools.

The Resolution of International Trade and Investment Disputes in Africa (Joint conference of The Association of Arbitrators (Southern Africa), Johannesburg; The International Chamber of Commerce, International Court of Arbitration (ICC), Paris; The London Court of International Arbitration (LCIA); The International Centre for Settlement of Investment Disputes (ICSID), Washington DC) - 6-8 March 1997 - Johannesburg

The Resolution of International Trade and Investment Disputes in Africa (Joint conference of The Association of Arbitrators (Southern Africa), Johannesburg; The International Chamber of Commerce, International Court of Arbitration (ICC), Paris; The London Court of International Arbitration (LCIA); The International Centre for Settlement of Investment Disputes (ICSID), Washington DC) – 6–8 March 1997 – Johannesburg Get access Uniform Law Review, Volume 2, Issue 1, January 1997, Page 92, https://doi.org/10.1093/ulr/2.1.92 Published: 01 January 1997

Development of a facility-based environmental performance indicator related to sustainable development

Companies are increasingly interested in environmental performance indicators as a means of managing the degree to which environmental goals and objectives are implemented. Many companies have publicly endorsed goals associated with sustainable development, like the International Chamber of Commerce's (ICC) principles for sustainable development. There is a need for metrics that facilitate implementation of these principles at the facility level and for research metrics that measure management improvement. An existing environmental self-assessment management tool called ESAP by the Global Environmental Management Initiative has been modified to measure a facility's response to the ICC's 16 principles of sustainability. The new tool's focus was shifted to a practical, facility based and easily applied assessment of progress towards sustainable development as represented by the ICC's 16 principles of sustainability. The new tool was called the Green Management Assessment Tool or GMAT, pilot tested and used in a research setting. Such tools have value to companies that are interested in the strategic goals of sustainable development and struggle with shifting corporate goals and objectives to manufacturing operations at the facility level.

International Chamber of Commerce: 1996 Revisions to the ICC Rules of Conduct on Extortion and Bribery in International Business Transactions

International Chamber of Commerce: 1996 Revisions to the ICC Rules of Conduct on Extortion and Bribery in International Business Transactions

State Immunity and Enforcement of Arbitral Awards: Do We Need an UNCITRAL Model Law Mark II for Execution Against State Property?

INTERNATIONAL COMMERCIAL arbitration has come a long way since World War II. Prior to 1939 a private enterprise which had carried out works of construction or commercial services for a sovereign state and remained unpaid had few remedies. It might persuade its national state to espouse the claim, which then became dependent on the political whim of the espousing state and the consent to international adjudication of the defendant state, and lost its private law character. The adoption of the New York Convention 1958 (Convention on the Recognition and Enforcement of Foreign Arbitral Awards) was the first important post-war step forward. Whilst this Convention applied, as did the Geneva Convention 1927, to foreign, not international, awards, thus acknowledging that validity of the award was determinable by the law of the country where it was made, it substituted for national diversity a uniform restricted list, in Article V, of grounds for challenge of the award in the courts of the country where enforcement was sought, and placed the burden of proof on the party resisting enforcement. The Washington Convention of 1965 followed, providing a self-sufficient system, administered by the International Centre for Settlement of Investment Disputes (ICSID) for the arbitration of investment disputes between a contracting state and a national of another state; by virtue of Article 53 the award is binding and not subject to any appeal or other remedy other than as provided in the Convention. Institutional arbitration was offered under the rules and auspices of the American Arbitration Association (AAA), the London Court of International Arbitration (LCIA) and the International Chamber of Commerce (ICC). The perceived defect of western industrialized bias in these rules was addressed in new rules drafted by UNCITRAL taking into account the concerns of developing states. These 1976 UNCITRAL Arbitration Rules have encouraged formerly …

Privacy and Confidentiality in Arbitration Proceedings

THIS ARTICLE will address two separate but related questions which follow from the proposition that an arbitration is to be conducted in private. This proposition, which is itself uncontroversial, is widely – if not universally accepted to mean that strangers are to be excluded from the hearing of the arbitration. But how much further does it go than that? In particular, does the concept of privacy prohibit: 1. the consolidation of arbitration proceedings, or the holding of two or more arbitration hearings concurrently, in the absence of agreement by the parties? 2. the use, for any purpose other than the arbitration itself, of material prepared for the arbitration or disclosed by one party to the other in the course of the arbitration? Both of these questions are occasionally addressed by the parties themselves and express provision is made in relation to them. In addition, the rules of certain institutional arbitration organisations such as the London Court of International Arbitration (LCIA), the International Chamber of Commerce (ICC) or the American Arbitration Association (AAA) also address these questions to some extent. The answer to these queries will differ depending on what system of law governs the arbitration in question. This Article will address the questions as a matter of English law, making occasional reference to certain US and Australian authorities.1 In England, the answer to both questions is likely to be ‘yes’2 (subject, in the second case, to an overriding discretion of the court to order disclosure of documents despite the existence of a duty of confidence)3; whereas in other jurisdictions, including the United States and Australia, the answer may well be ‘no’4. Before answering the two questions presented, it is first necessary to examine the right to privacy as it applies to arbitration. It is commonly provided …

International Chamber of Commerce (ICC) Rules of Optional Conciliation

International Chamber of Commerce (ICC) Rules of Optional Conciliation

Using sustainable development: The business case

Sustainable development has been adopted by a variety of interests in the international environmental debate, each of which constructs the meaning of the phrase in its own terms. The author analyses the publications and activities of the International Chamber of Commerce (ICC) to show that a business construction of sustainable development may exclude key elements identified by other commentators, especially three different forms of equity (intergeneratlonal, intragenerational and international), and concentrate instead on market mechanisms and technological change. This links sustainable development primarily to growth, and only secondarily to environmental quality or social equality, and demonstrates how a potentially radical notion can be used by reformist groups to influence the policy debate.

The Fast-Track Arbitration of the International Chamber of Commerce

The Fast-Track Arbitration of the International Chamber of Commerce

The ICC Arbitration Rules and the UNCITRAL Model Law

THE ADOPTION in 1985 by the United Nations Commission on International Trade Law (‘UNCITRAL’) of a model law on international commercial arbitration (the ‘Model Law’) was a seminal event in the modern history of international arbitration. It was also an event that was encouraged, and welcomed, by international arbitral institutions such as the International Chamber of Commerce (the ‘ICC’). Although the ICC took no formal part in the elaboration of the Model Law, it was closely associated with its development. Indeed, UNCITRAL's decision to commence work on the Model Law followed a consultative meeting in Paris in September 1978 with representatives of the ICC's Commission on International Arbitration as well as the Asian–African Legal Consultative Committee (the ‘AALCC’) and the International Council for Commercial Arbitration (‘ICCA’).1 The participants at that meeting, including the representatives of the ICC, were of the unanimous view2 ‘… that it would be in...

Japan Commercial Arbitration Rules Revisited

ON 1 October 1992 the Japan Commercial Arbitration Association (‘JCAA’) made effective a complete revision in Japanese and English of its Commercial Arbitration Rules (the ‘New Rules’). These New Rules are virtually a complete rewrite and replacement of the Rules which had been effective before that date (the ‘Former Rules’). In its New Rules the JCAA has taken account of some of the international criticisms (sometimes scathing) of its Former Rules1 and has attempted in some of the new provisions to formulate procedures that will make JCAA arbitration as acceptable in international commercial disputes as arbitration conducted under the auspices of the London Court of International Arbitration, the International Chamber of Commerce, and other respected international arbitration bodies. The most important changes are as follows: (1) Representation: Rule 6 of the Old Rules states that a party to an arbitration may be represented by ‘a lawyer or such other person as shall be recognized to be justified in taking procedure under these Rules’. The Old Rules in Japanese used the word ‘ bengoshi ’ for lawyer, and the strong implication was that, at least as to JCAA arbitrations conducted in Japan, the only acceptable lawyer representative would be a Japanese lawyer (a bengoshi ). This provision had been criticized by non-Japanese arbitration practitioners as being inappropriate to international arbitrations where, it can be argued, a party should be able to elect to be represented by any lawyer of its choice, wherever qualified, or by any other competent person.2 Japanese bengoshi , on the other hand, have argued that they are most intimately familiar with, and most competent to, represent parties in Japanese arbitration proceedings, and many assert that representation by a non- bengoshi of a party in an arbitration conducted in Japan would be a violation of the unauthorized …

International Chamber of Commerce (ICC) Code on Environmental Advertising

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Protection of personal data: An international business view — Comments of the International Chamber of Commerce

Protection of personal data: An international business view — Comments of the International Chamber of Commerce

Party Autonomy: The Choice of Place

The concept of party autonomy in the choice of the arbitration situs has not always been either the rule or the practice. For example, Articles IX (Section ‘B’) and XXIX (Section ‘C’) of the first International Chamber of Commerce (‘ICC’) arbitration rules of 1922 provided that ‘The arbitration shall take place in the country and town determined by the Court of Arbitration, after examination of the request for arbitration and before the appointment of arbitrators’. It was thus the Court of Arbitration and not the parties that was to fix the place of arbitration, although in practice the Court did not intervene except in case of disagreement between parties. As arbitration developed, the ICC Rules were modified to take account of the international character of ICC arbitration. Thus, the 1955 Rules expressly authorized the parties to agree on the place of arbitration. Yet parties were relatively slow to seize the opportunity to select by themselves their arbitration situs. Most often, they preferred to leave the choice to the ICC Court. Thus, as late as 1975, of 119 arbitration sites decided upon in the cases before the ICC Court, only 55 of them (46%) were chosen by the parties. Since that time, the trend has been almost continuously upward, with the parties selecting 52% of the sites in 1980, 68% in 1985 and 86% in 1989. Concomitant with this increasing autonomy of the parties in their choice of their arbitration situs has been an increasing autonomy of the parties vis-a-vis the situs they have chosen or which has been fixed by the Court of Arbitration insofar as the substantive and procedural laws to be applied in and to the arbitration are concerned. To speak at this point only of the applicable procedural laws, from their inception and as confirmed in the …

The business charter for sustainable development: Principles for environmental management. International chamber of commerce

European EnvironmentVolume 1, Issue 4 p. 10-11 Article The business charter for sustainable development: Principles for environmental management. International chamber of commerce First published: August 1991 https://doi.org/10.1002/eet.3320010405Citations: 3AboutPDF ToolsRequest permissionExport citationAdd to favoritesTrack citation ShareShare Give accessShare full text accessShare full-text accessPlease review our Terms and Conditions of Use and check box below to share full-text version of article.I have read and accept the Wiley Online Library Terms and Conditions of UseShareable LinkUse the link below to share a full-text version of this article with your friends and colleagues. Learn more.Copy URL Share a linkShare onFacebookTwitterLinked InRedditWechat No abstract is available for this article.Citing Literature Volume1, Issue4August 1991Pages 10-11 RelatedInformation

BOOK REVIEW

Book reviewed in this article:Security on Movable Property and Peceivables in Europe: M. Dickson, W. Rosener & P. Storm, edsRetention of Title: A Practical Guide to 19 National Legislations: International Chamber of Commerce

Rechtsfortbildung durch Internationale Schiedsgerichtsbarkeit edited by Karl-Heinz Bockstiegel

Rechtsfortbildung durch Internationale Schiedsgerichtsbarkeit, edited by Karl-Heinz Bockstiegel. Schriftenreihe des deutschen Instituts fur Schiedsgerichtswesen, German Institute of Arbitration, Volume 8 , Cologne, Heymanns Verlag (181 pp.). Almost yearly since 1979, the German Institute of Arbitration has organized conferences on international commercial arbitration and published their reports and discussions in the above-mentioned series. The latest volume in this series contains the reports and proceedings of a conference held in Cologne on November 11, 1988, at which the subject of law making (as opposed to merely applying legal rules) through international commercial arbitration was analysed. Although the subject of law making has extensively been examined in its relation to domestic courts, this process rarely was described thoroughly with regard to international commercial arbitration. Therefore, it is fair to state that the book under review clearly fills a gap. The book discusses the making of arbitral case law from four points of view: (1) the making of rules of civil procedure through international arbitration (report by Professor Peter Schlosser); (2) the making of substantive law through international arbitration (report by Professor Otto Sandrock); (3) the function of the International Chamber of Commerce (‘ICC’) in the law making process (report by Ottoarndt Glossner); and (4) the function of the Iran-US Claims Tribunal in the making of case law for international arbitration (report by Norbert Wuhler). In the first report, Schlosser primarily examines the possible use of procedural rules developed in the course of arbitral proceedings for the reform of national laws on civil procedure. As such, this report is largely based upon a general report presented by Schlosser (together with Habscheid) at the Eighth World Conference on Procedural Law held in Utrecht in 1987 on the subject of how experience derived from arbitration can be used for the improvement of civil procedure.1 Schlosser thus looks at law making from a rather limited perspective. As a result of this perspective, important issues with regard to procedural law making are not …