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2 results

The Three Ages of International Commercial Arbitration
  • Mikaël Schinazi
  • Published online:
    16 December 2021
    Print publication:
    16 December 2021
  • Drawing on a wide range of previously unpublished sources, this unique history of international commercial arbitration in the modern era identifies three periods in its development: the Age of Aspirations (c. 1780–1920), the Age of Institutionalization (1920s–1950s), and the Age of Autonomy (1950s–present). Mikaël Schinazi analyzes the key features of each period, arguing that the history of international commercial arbitration has oscillated between moments of renewal and anxiety. During periods of renewal, new approaches, instruments, and institutions were developed to carry international commercial arbitration forward. These developments were then reined in during periods of anxiety, for fear that international arbitration might be overstepping its bounds. The resulting tension between renewal and anxiety is a key thread running through the evolution of international commercial arbitration. This book fills a key gap in the scholarship for anyone interested in the fields of international arbitration, legal history, and international law.

  • 7 - The Development of the ICC Arbitration System

  • from Part II - The Age of Institutionalization
  • Mikaël Schinazi
  • Book:
    The Three Ages of International Commercial Arbitration
    Published online:
    16 December 2021
    Print publication:
    16 December 2021, pp 154-190

  • Summary

    This chapter traces the part the International Chamber of Commerce (ICC) played in the development of a modern, robust, and efficient system of dispute resolution, looking at how international commercial arbitration developed from within the ICC – how it was institutionalized. The chapter is divided into two sections. The first traces the creation of the ICC dispute resolution system. It shows that some of the founders of the ICC and its Court of Arbitration were familiar with, and may have been inspired by, the arbitration rules of other organizations. Yet the ICC was also innovatory, codifying new rules and practices, as clearly reflected in the rules used to govern arbitral proceedings. This chapter refers to all fourteen versions of the ICC Rules of Arbitration – including the amendments – from 1922 to the present. The second section explores the evolution of the ICC dispute resolution system. It describes the major shifts the system underwent in the 1920s and 1930s: from conciliation to arbitration and from equity to law. These changes reflect the ICC’s increasingly important role in the administration of international disputes.