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Information on the parties and arbitrations, information on notification,
the dispute in question by summarizing the plea and defense, listing
the matters to be resolved, place of arbitration, procedural rules,
whether the arbitrators are authorized to act as
amicable compositeur
.
Material Consequences of the Terms of Reference
The preparation of the Terms of Reference bears numerous legal
and other consequences. The Terms of Reference enters into force as
of its execution by the parties and the arbitrator (or the arbitral tribunal)
and bears all its impacts and consequences. Nevertheless, pursuant to
the International Chamber of Commerce’s Rules of Arbitration, sign-
ing of the Terms of Reference by both parties is not mandatorily
required in order to proceed with the arbitration proceedings.
Therefore, the prolongation of the procedures by a party refusing to
sign the Terms of Reference is prevented. The International Chamber
of Commerce’s Rules of Arbitration regulates that in the event one of
the parties refusing to participate in the preparation or signing of the
Terms of Reference, the document shall be referred to the arbitral tri-
bunal for approval. In the event a both parties choose not to sign a
Terms of Reference, the document will not subsist.
The possibility to file an annulment lawsuit for the reasons stipu-
lated under article 15A/1 of the International Arbitration Code num-
bered 4686 shall materially be removed after the signing of the Terms
of Reference. By preparing the Terms of Reference, the parties shall be
deemed to have declared that they agree their current dispute to be
resolved through arbitration, thus they may not claim the invalidity of
the arbitration clause at a later stage. Given that the parties shall have
acknowledged the choice of arbitrators, they shall not be able to initi-
ate annulment proceedings claiming the undue choice of arbitrators, or
the failure to pronounce a decision within the period of arbitration;
requesting the annulment of the arbitral award by claiming that the
arbitrators have ruled on a matter falling out of scope of the arbitration
agreement or not ruling or all matters set forth in the claims of the par-
ties or by claiming that the procedures have been violated.
Another consequence of the signing of the Terms of Reference by
the arbitrator and the parties is to state that the arbitral award material-
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