A row is brewing in the arbitration markets after the International Chamber of Commerce (ICC) Court of Arbitration excluded six former secretary generals from top-level discussions about new rules it plans to introduce next year.
One source said: “They’re all hopping mad and feel like they’ve deliberately been excluded from the drafting of the rules so others can gain fame from it.”
However, current secretary general Jason Fry, who chaired the 15-strong taskforce charged with drafting the new rules, insisted that the ICC had consulted globally on the rules.
“We had three layers of involvement,” he said. “We had a small draft committee with between 12 and 15 members involved.”
An insider said Fry’s predecessors were not on that committee because it was felt that some fresh thinking was needed.
Senior past and present members of the ICC, including the former secretary generals, were asked to submit their views during the second and third layers of consultations, said the source.
Another source said: “There was always going to be blood on the carpet after such a big shake-up of the rules. There are some noses out of joint, but some of the old guys were seen to be part of the problem and this was considered the best approach.”
The review was launched in March 2009. In June the ICC World Council and executive board approved the draft rules. Under them provisions have been made for joinder arbitrations, allowing defendants to add parties to the proceedings.