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Terms of Reference Pursuant to the International Chamber of
Commerce (ICC) Rules of Arbitration
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Att. Alper Uzun
Terms of Reference
Terms of Reference is a document provided for the usage within
international arbitration law by the International Chamber of
Commerce with its main purpose being the fast and efficient progress
of arbitral proceedings; the content of which is drawn and executed
with participation and by mutual consent of the parties and arbitrators.
The document sets forth the scope and limits of the duties and
competences of the arbitrators. The document includes information on
the parties and arbitrators, a summary of pleas and defense of the par-
ties, the claims, the dispute in question, and the procedural provisions
which shall be applicable. Therefore, the drawing up of the document
sets forth a framework to the flow of the proceedings, and as it reflects
the consent of the parties, the recognition and enforcement of the arbi-
tral awards at the end of the proceedings is assured.
The Advantages, Functions and Legal Nature of the Terms of
Reference
The parties and the arbitrators, by drawing up the terms of refer-
ence, ensure that the dispute is explicitly put forward and defined. The
parties negotiate and arrive to a consensus with respect to numerous
material rules applicable to the procedure of the arbitration, such as the
language and place of arbitration, terms, and means of notification.
Therefore, some possible frustrating issues related to procedural mat-
ters which may arise at a later stage can be averted at the inception of
the arbitration proceedings and any interruption in the proceedings
may thus be prevented.
The Provisional Time Table separately prepared together with the
Terms of Reference states in detail which items shall be fulfilled at
ARBITRATION LAW
203
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Article of April 2012