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KINGSTON UNIVERSITY
Dissertation
The scrutiny of the award by the ICC Court of
Arbitration
by Afzalian Iman
LLM 045
TABLE OF CONTENTS
INTRODUCTION
I - Presentation of the ICC
A - The International Chamber of Commerce and its
rules
a. The International Chamber of Commerce history
b. The International Chamber of Commerce organization
§ The World Council
§ National committees and groups
§ The Executive Board
§ The Chairmanship
§ International Secretariat
§ Secretary General
§ The commissions
§ Finance committee
§ The International Chamber of Commerce Court of
Arbitration
c. Tasks of the International Chamber of Commerce Court of
Arbitration
1. Designation of arbitrators
2. Control of the procedural aspect of the arbitration
3. Determination of the payment of the arbitrators
d. The International Chamber of Commerce Rules
1. Modifications of the Rules
2. The modifications of the «scrutiny of the Award by the
Court» article
B - The main task of the International Chamber of
Commerce: scrutiny of the award
II - The process of scrutiny of the
award
A. Scrutiny of an award, not a procedural order
B. The submission of a draft Award to the Counsel by the
Arbitral Tribunal
C. Designation of a Reporter by the Court
D. Transfer of the Report and the draft Award to the
Court
E. The Plenary Session
F. The Court decision
a. Distinction between issues of form and issues of
substance
1. Issue of form
2. Issue of substance
3. Issue of form and substance
4. A third power: respect of the parties' fundamental right
to be heard
b. No consideration by the Tribunal of the International
Chamber of Commerce Court of Arbitration recommendation
c. Award approved by the Court: final and enforceable
G. Conclusion on the process of scrutiny of the award
III - The prima facie examination of the
judgment or the questioning of the impartiality of the arbitrator? (Did the
Court interfere in the arbitrators functions?)
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