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may provide an extension of time for the submission of the answer.
However, the application for the extension must include information
and proposals concerning the number of arbitrators and their election.
If this issue is not resolved, the Court shall proceed in accordance with
the Rules. In compliance with Art. 5(5) of the Rules, the respondent shall
submit his counterclaims, if any, with the answer.
Pursuant to Art. 5(6) of the Rules, if there is a counterclaim, the
claimant shall submit a reply to the counterclaimwithin 30 days. However,
prior to the transmission of the file to the arbitral tribunal, the secretariat
may grant the claimant an extension of time for submitting the reply.
Constitution and Authority of the Arbitral Tribunal
In accordance with Art. 12 of the Rules, the disputes shall be settled
by a sole arbitrator or by three arbitrators. If the parties have agreed to
settle the dispute by a sole arbitrator, the parties may nominate the sole
arbitrator by mutual agreement. However, if the parties do not reach an
agreement within 30 days following receipt of the claimant’s request by
the other party, the court shall appoint a sole arbitrator.
If the parties have agreed to resolve the dispute by three arbitrators,
they will notify as such in the request and the answer the arbitrators
they wish to nominate. If the parties fail to nominate an arbitrator, the
appointment shall be made by the Court.
Where the dispute is referred to three arbitrators, the third arbitrator,
who will act as the president of the arbitral tribunal shall be appointed by
the Court, unless the parties have agreed on another procedure or their
agreed procedure has failed. The arbitrators nominated by the parties
shall be approved by the Court pursuant to Art. 13 of the Rules.
In accordance with Art. 6(3), if the respondent does not submit his
answer or does not submit any pleas concerning the existence, validity or
scope of the arbitration agreement after the nomination of the arbitrators
are finalized, any question of jurisdiction or whether claims may be
determined together in that arbitration shall be decided directly by the
arbitral tribunal. However, the ICC Secretary General may refer this
matter to the Court pursuant to Article 6(4).