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Discussions Trans-Lex Administrative Information Document-ID: 132900 [click here to copy citation to clipboard] Please Cite as: "http://www.trans-lex.org/132900". Title Craig, W. Laurence/ Park, William W./ Paulsson, Jan, International Chamber of Commerce Arbitration, 3rd ed., Dobbs Ferry 2000 Social Networks
Content [...] "The arbitration clause (Clause 20) is, with small and irrelevant additions, in the form of a standard clause leading to arbitration under the ICC. But that does not mean that it has to receive a standard, or restrictive interpretation. The clause must always be interpreted as part of, and unt the light of, the particular contract in which it appears. [...]12 [...] The following principles have been applied in ICC arbitration without reference to national law. [...] (i) Institutional freedom to regulate the conduct of arbitrators [...] (ii) Freedom to establish rules of procedure [...] (iii) Freedom to establish applicable law [...] (iv) Arbitrators' authority to rule on their own jurisdiction [...] (v) A State may nor invoke its internal law to repudiate its agreement to arbitrate [...] (vi) Pacta sunt servanda (contracts are to be enforced) [...] [...] (vii) Performance and renegotiation in good faith [...] (viii) Rules of force majeure [...] (ix) Conduct may be deemed tacit acceptance of modifications of contract [...] (x) Ut res magis valeat quam pereat ("so that the thing be held valid rather than perish") [...] (xi) The burden of proof of facts alleged to support a claim [...] (xii) Disregard of legal nomenclature misused by the parties [...] (xiii) Use of goods implies acceptance [...] (xiv) Mitigation of damages [...] (xv) Damages for contractual breach are limited to foreseeable consequences [...] (xvi) The availability of setoff or compensation [...] [...] (xvii) Estoppel [...] (xviii) Contracts are unenforceable if their purpose is contrary to international morality [...] Footnotes 12ICC Case 5754/1988, unpublished.Trans-Lex Administrative Information Document-ID: 132900 [click here to copy citation to clipboard] Please Cite as: "http://www.trans-lex.org/132900". Referring Principles/Related Documents  Referring Principle: No. I.1.1 - Good faith and fair dealing in international trade Referring Principle: No. I.1.2 - Prohibition of inconsistent behaviour Referring Principle: No. III.1 - Set-off Referring Principle: No. IV.1.2 - Sanctity of contracts Referring Principle: No. IV.2.3 - No repudiation of contractual consent by state party Referring Principle: No. IV.5.3 - Interpretation in favour of effectiveness of contract Referring Principle: No. IV.6.7 - Duty to renegotiate Referring Principle: No. IV.7.1 - Invalidity of contract that violates boni mores Referring Principle: No. VI.3 - Force majeure Referring Principle: No. VII.2 - Principle of foreseeability of loss Referring Principle: No. VII.4 - Duty to mitigate Referring Principle: No. XII.1 - Distribution of burden of proof Referring Principle: No. IV.5.2 - Context-oriented interpretationThis document is cited by: Berger, Klaus Peter, International Economic Arbitration, Deventer, Boston 1993Copyright Information
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