Q&As
What does the ICC's scrutiny process involve?
Scrutiny of an award by the icc is a major feature of ICC arbitration, see Practice Note: ICC (2012)—the award. The ICC see scrutiny as a means of maximising the legal effectiveness of an award. In practice, however, practitioners often find that scrutiny delays delivery of the award. The ICC's response to this is that scrutiny reduces the requirement for an application for correction or interpretation of an award, thereby reducing wasted time and expense or the more serious situation of enforcement being refused. The ICC states that:
it is rare than an award will not benefit from some scrutiny and some awards benefit enormously.
To make the scrutiny process more efficient, the ICC introduced an ICC Award Checklist to be given to arbitrators when they receive a case and which they must consult before rendering their award to the ICC. Note that the checklist is not exhaustive.
What are the ICC looking for when they scrutinise an award?
The ICC's aim is to:
- •
identify any defects that could be used to attempt to have the
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