The present internal rules were developed in response to the Regulation on the International Commercial Arbitration Court at the International Committee for Property Protection approved by the decision of the Board of the ICPP of 04th April, 2014, reg. No. – K14/03.
ICAC – the International Commercial Arbitration Court
ICPP – the International Committee for Property Protection
- 1. Goals of the ICAC at the ICPP.
The goal of the ICAC is rendering services associated with settlement of disputes by means of reconciliation and arbitration between contracting states and entities of other contracting states, disputes between subjects of economic relationship, property disputes, including intellectual property disputes, administration of disputes arising out of individual and collective claims of members of the International Committee for Property Protection or related thereto, other disputes in compliance with the rules as well as organization of enforcement of judgments of the ICAC, according to provisions of the international conventions, principles of the UNCITRAL and own rules and principles of the ICAC at the ICPP.
- 2. Legal capacity of the ICAC at the ICPP.
The ICAC is an institution with full international legal personality; its activity is regulated by the Statute of the ICPP, Regulations on the ICAC at the ICPP, and Rules approved by the ICPP.
The ICAC was established at the International Committee for Property Protection (Cyprus) that is a non-governmental international organization, and has the status of an international arbitration institution, organizing and conducting arbitration and other alternative methods of adjudication of international commercial (economic, trade), and international disputes under civil law as well as other disputes following from agreements and contracts.
For ensuring the activity and implementation of the goals and purposes defined by the Regulations and the Rules of the ICAC, the court of arbitration can establish, independently or together with other legal entities and natural persons, enterprises, subsidiaries, branches and representation offices, other international commercial courts as well as arbitration tribunals in other countries of the world.
The legal capacity of the ICAC at the ICPP includes the right:
- to conclude agreements;
- to purchase and dispose of movable and immovable property;
- to set up bank accounts including foreign currency accounts, to purchase movable and immovable property, to have a round seal and stamps,
- to join the international legal arbitration organizations, associations,
- to establish the order of proceedings.
The ICAC is the owner of:
- property transferred by the ICPP to the ICAC,
- income received by the ICAC,
- other property acquired by the ICAC by means that are not forbidden by the current international legislation and legislation of the Republic of Cyprus.
To fulfil functions in the territory of the member states of the International Conventions, the ICAC possesses immunities and privileges which appear in property immunity and personal immunity of the Chairperson of the ICAC, members of the Administrative, Legal, and Judicial chambers of the ICAC, intermediaries on behalf of the ICAC, mediators, arbitrators or officials and employees of the Secretariat of the ICAC as for:
- legal immunity concerning the actions pursuant to their functions;
- immigration restrictions and requirements concerning registration of foreigners and execution of other duties concerning exchange restrictions;
- restrictions on movement in the territory of a foreign state;
- inviolability of documents and archives of the ICAC;
- communication security in a favourable mode as for other international organizations;
- release of assets, property, income of the ICAC, as well as of transactions and operations from payment of all types of tax and customs duties.
The ICAC is not liable for its founder’s debts and for debts of the state – the Republics of Cyprus, equally as the state is not liable for debts of the ICAC at the ICPP.
- 3. Structure of the ICAC at the ICPP.
The ICAC consists of three chambers – Legal, Judicial, Administrative, and the Secretariat, operating under relevant Regulations.
3.1. The Legal Chamber of the ICAC is the advisory body of the ICAC dealing with legal issues of operation of the ICAC, consulting of the disputing parties and arbitrators, maintaining and archiving of the legal database, judicial precedents, legislation and international conventions, improvement and development of rules, regulations of the ICAC, mediation, professional advancement of arbitrators, teaching and guiding. The Chairperson heads the Legal Chamber of the ICAC. During absence of the Chairperson of the Legal Chamber, the vice-Chairperson fulfils his or her functions. Both officials are permanent staff members of the ICAC. The Board of the ICPP appoints the Chairperson of the Legal Chamber and his or her deputy for a period of 4 years. At the same time, the Chairperson of the Legal Chamber is a member of the Administration Board of the ICAC (panel of arbitrators) and has the right of signature on behalf of the ICAC.
3.2 The Judicial Chamber of the ICAC at the ICPP is the body dealing with administration of arbitration procedures. It consists of the list of arbitrators recommended by the ICAC who are independent arbitrators and cannot become permanent staff members of the ICAC, and the Chairperson of the Judicial Chamber, his or her deputy who are permanent staff members of the ICAC. The main function of the Judicial Chamber is the ensuring arbitration proceedings and their procedures. At the same time, the Chairperson of the Judicial Chamber is a member of the Administration Board of the ICAC (panel of arbitrators). He or she has powers to appoint sole arbitrators according to the Regulations and the Rules of the ICAC under the individual application (motion) of the party and chairperson of the arbitration tribunal with three arbitrators in case two arbitrators chosen by the parties do not agree on the third arbitrator and his or her appointment within 14 days. During absence of the Chairperson of the Judicial Chamber, the vice-chairperson fulfils his or her duties. The Board of the ICPP appoints the Chairperson of the Judicial Chamber for a period of 4 years; he or she has the right of signature on behalf of the ICAC.
- 3 The Administrative Chamber at the ICPP is an administrative body of the ICAC. It consists of permanent staff members headed by the Chairperson of the Administrative Chamber and his or her deputy. It coordinates work of the Secretariat of the ICAC, staffing table of the ICAC, budget of the ICAC, contract department of the ICAC, order of determination and collection fees and charges by the ICAC, conclusion of contracts on enforcement of judgments, interim measures, collections, and property seizure in any countries of the world. At the same time, the Chairperson of the Administrative Chamber is a member of the Administration Board of the ICAC (board of arbitrators); the Board of the ICAC appoints his or her for a period of 4 years with the right of signature on behalf of the ICAC. During absence of the Chairperson of administrative Chamber, the vice-Chairperson fulfils his or her functions.
3.4 The Secretariat of the ICAC is an administrative body of the ICAC. It consists of permanent staff members; the Head of the Secretariat heads it on a full-time basis. The main functions are office-work, court registry, archiving, correspondence, storage and maintaining databases, ICAC accounting, cash desk, personnel account, information policy, public relations, publishing, information security and protection, card files, personal records of arbitrators and human resources department, communication and technical support of the ICAC. The Head of the Secretariat has the right of signature on behalf of the ICAC and reports directly to the Chairperson of the Administrative Chamber of the ICAC; he or she is the keeper of lawsuits and seals of the ICAC, keys and access codes to online modes and procedures of the ICAC. The Secretariat of the ICAC renders the additional paid services to the ICAC at the price approved by the Board of the ICAC and agreed with clients, such as judicial verification of translations into various languages, requests, affirmation of facts of legal significance, certification of judicial copies, abstracts of record, copies of original documents etc.
- 4. The Administration Board of the ICAC at the ICPP is the supreme collegial body of the ICAC (board of arbitrators), operating based on the Regulations on the Administration Board of the ICAC approved by the Board of the ICPP. The main competences:
- approval of the list of recommended arbitrators at the ICAC,
- approval of a sole arbitrator,
- inspection and approval of arbitrability and competence of the ICAC when claims arrive,
- approval of the candidate to the post of the Chairperson of the Tribunal consisting of three arbitrators including two arbitrators chosen by the Parties from the List or appointment of a sole arbitrator,
- consideration of qualification issues, issues of disciplinary penalty, complaints of the parties against the actions of arbitrators, breach of ethics, legal procedure, rules and statutory documents of the ICAC,
- consideration of challenges of arbitrators, replacement of arbitrators,
- disqualification of arbitrators,
- determination of regular staffing of the ICAC, introduction of new positions, definition of conditions of hiring, transfer and dismissal, imposition of disciplinary penalty or implementation of system of encouragement of employees of the ICAC,
- reconsideration of decisions and arbitration resolutions in case of detection of significant violations of legal procedure and rules of the ICAC, bias of an arbitrator according to statements of the parties or one of the parties,
- application of additional measures for enforcement of judgments of the ICAC according to the writs of enforcement issued by the ICAC and other measures,
- distribution of income of the ICAC, other substantive issues of activity of the ICAC.
The meetings of the Administration Board of the ICAC are held as and when needed.
- 5. The President of the ICAC.
5.1. The Chairperson of the Judicial Chamber of the ICAC fulfils the functions of the President of the ICAC; he or she is appointed for a period of 5 years and manages the activity of the ICAC.
5.2. The solution of all issues of activity of the tribunal falls within the competence of the President of the ICAC including those issues that are within the competence of the Chairpersons of the Legal, Judicial and Administrative Chambers, the Secretariat except for issues that pertain to the competence of the Members’ Meeting.
5.3. The following issues fall within the competence of the President of the ICAC:
- organization and management of activity of the tribunal, including activity of branches, representation offices, business units;
- approval of regulations on job description and duties;
- approval of the list of internal documents of the ICAC;
- providing recommendations to Administration Board of the ICAC on distribution of income;
- convocation of the Administration Board of the ICAC when necessary for operation of the ICAC and organization of its meeting;
- preparation of the annual report on activity and balance sheet of the ICAC for its approval by the Members’ Meeting;
- conclusions of transactions on behalf of the ICAC;
- representation of interests of the ICAC in state authorities, local governments, in courts, any arbitration tribunals, courts of arbitration, commercial courts, administrative courts, courts of general jurisdiction, in enterprises, institutions and organizations of all forms of ownership and organizational and legal forms, before any third parties, in the international organizations;
- issue of powers of attorney on behalf of the ICAC;
- setting up and closing of bank accounts, signings of bank documents;
- drawing up of the staffing table draught according to the estimate of expenses and its submission for consideration by the Administration Board of the ICAC;
- setting up and closing of securities accounts, signing of documents concerning operation of accounts;
- signing of by-laws (Internal rules, Regulations on Judicial, Legal and Administration Chambers);
- dismissal of a chairperson of chambers or their deputies.
5.4. The President of the ICAC has no right to interfere with activity of arbitrators during the litigation.
President of the ICAC