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Discover everything about international arbitration, including the ICC arbitration process, costs and filing fees, rules, and how to file a claim. Plan your arbitration efficiently.
What is the ICC procedure?
Following the entry into force in Italy of key international conventions — most notably the New York Convention of 10 June 1958, now ratified by more than 170 countries — foreign arbitral awards can be recognised and enforced in Italy and in most jurisdictions worldwide. This global enforceability represents a major advantage in cross-border dispute resolution involving parties of different nationalities, ensuring effective asset recovery and international debt enforcement.
Today, ICC arbitration is one of the most widely used mechanisms for the resolution of international commercial disputes, thanks to its neutrality, efficiency and worldwide recognition. ICC Italy, based in Rome, acts as the official National Committee, supporting businesses and international investors involved in international arbitration and enforcement proceedings in Italy.
How to Choose the Best Arbitration Seat
When selecting the best seat of arbitration for an international dispute, several strategic and enforcement-related factors must be carefully assessed.
First, it is essential to verify whether the chosen jurisdiction is a signatory to the 1958 New York Convention, as this ensures the worldwide recognition and enforcement of arbitral awards.
Equally important is whether the Country has adopted the UNCITRAL Model Law on International Commercial Arbitration or, alternatively, has a modern and arbitration-friendly legal framework.
The attitude of the national Courts plays a crucial role: a reliable seat should offer effective support for interim and conservatory measures, a streamlined procedure for the recognition and enforcement of arbitral awards, and limited grounds for setting aside or challenging the award.
Finally, the availability of experienced and internationally respected arbitrators and a well-established arbitration infrastructure significantly enhances the efficiency, neutrality and overall success of the proceedings in high-value cross-border disputes.
ICC Arbitration Rules
There are several options for starting an ICC arbitration:
1. Arbitration Clause (Compromissory Clause)
If the Parties have previously included an ICC arbitration clause in a contract, statute, agreement, or regulation, the dispute can be submitted directly to the International Chamber of Commerce (ICC) under the applicable ICC Arbitration Rules.
2. Submission Agreement (Compromise)
Even if no arbitration clause exists, the Parties may, after a dispute arises and by mutual agreement, choose to initiate an ICC arbitration procedure instead of ordinary court proceedings, referring explicitly to the ICC Rules.
3. Request for Arbitration
If the Parties have neither an arbitration clause nor a submission agreement, one Party can still file a Request for ICC Arbitration. The ICC Secretariat will notify the other Party and propose initiating an ICC arbitration process in lieu of ordinary litigation.
How to File an ICC Arbitration Request
The ICC arbitration process officially begins with the filing of a Request for Arbitration. The submission can follow two different methods:
- Digitally Signed Request
- The Request, digitally signed and with applicable tax stamps, should be filed via certified email (PEC) along with all attachments.
- Non-Digitally Signed Request
- The Request, with applicable tax stamps but not digitally signed, should also be filed via PEC with all attachments. In this case, a hard copy submission must follow within five working days of the electronic filing.
Required Hard Copy Filing Contents:
- 1 original + attachments
- 1 copy + attachments for each Respondent Party
- 1 copy + attachments for each appointed Arbitrator
Note: If the Respondent Party does not have PEC or if the Request is prepared abroad, the filing must be made in hard copy.
ICC Guidelines and Procedures
Disputes under ICC arbitration can be resolved by either a sole arbitrator or a three-member arbitral tribunal.
If the Parties have not agreed on the number of arbitrators, the ICC Court of Arbitration will appoint a sole arbitrator, unless the Court considers the dispute sufficiently complex to require a three-arbitrator Court.
In the case of three arbitrators:
- The Claimant must appoint an arbitrator within 15 days of receiving the ICC Court's notification.
- The Respondent must appoint an arbitrator within 15 days of receiving the notification of the Claimant's arbitrator.
- If a Party fails to appoint an arbitrator within the deadline, the ICC Court will make the appointment.
Sole Arbitrator
When the Parties have agreed to resolve the dispute with a sole arbitrator, they may appoint the arbitrator by mutual agreement, subject to confirmation by the ICC Court.
If the Parties do not designate a sole arbitrator within 30 days of the date the Request for Arbitration is received by the other Party (or within any extended deadline granted by the ICC Secretariat), the ICC Court will appoint the sole arbitrator.
Choosing a sole arbitrator is often recommended for ICC arbitration cases of lower economic value or limited technical complexity, as it can reduce ICC arbitration costs while ensuring a fair and enforceable ICC arbitral award.
Three Arbitrators
When the Parties have agreed that the dispute will be resolved by a three-member ICC arbitral Court:
- Each Party appoints an arbitrator in the Request for Arbitration and Answer respectively, subject to confirmation by the ICC Court.
- If a Party fails to appoint an arbitrator, the ICC Court will make the appointment.
A three-arbitrator tribunal is typically used for disputes of higher economic value or with complex technical or legal issues, ensuring broader expertise and balanced decision-making in ICC arbitration.
ICC arbitration costs and fees
Every Request for ICC Arbitration must be accompanied by a non‑refundable filing fee of approximately €4,500 (equivalent to US$ 5,000). This fee is considered a partial payment of the advance on arbitration costs to be borne by the Claimant.
The provisional advance is determined by the ICC Secretary General upon or shortly after the receipt of the Request. It covers the expected administrative expenses and arbitrators' fees until the completion of the Terms of Reference or the case management conference, especially in proceedings under Expedited Procedure Rules. Typically, the ICC Court and Secretariat will await payment of this provisional advance before taking significant steps to constitute the arbitral tribunal.
At the conclusion of the arbitration, the ICC Court will determine the actual costs of the arbitration, including the ICC's administrative fees and the arbitrators' fees. These costs, along with any reimbursable expenses of the arbitrators, are then covered by the advance on costs. Any surplus will be refunded to the Parties. Throughout the arbitration, a financial statement of the case will be provided to the Parties to ensure transparency in ICC arbitration costs and payment procedures.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
