There is so much that COULD HAPPEN with a ICC MATTER
ICC DISPUTE BOARD RULES
TYPES OF DISPUTE BOARDS
ARTICLE 4
Dispute Review Boards (DRBs)
1 DRBs may assist the Parties in avoiding
Disagreements, in resolving them through informal
assistance, and by issuing Conclusions with respect to
Disputes upon formal referral. In formal referrals, DRBs
render Recommendations with respect to Disputes.
2 Upon receipt of a Recommendation, the Parties may
comply with it voluntarily but are not required to do so.
3 The Parties agree that if no Party has given a written
notice to the other Party and the DRB expressing its
dissatisfaction with a Recommendation within
30 days of receiving it, the Recommendation shall
become final and binding on the Parties. The Parties
shall comply without delay with a Recommendation
that has become final and binding and agree not to
contest that Recommendation, unless such
agreement is prohibited by applicable law.
4 If any Party fails to comply with a Recommendation
when required to do so pursuant to this Article 4, the
other Party may refer the failure itself, without having
to refer it to the DRB first, either to arbitration, if the
Parties have so agreed, or, if not, to any court of
competent jurisdiction. A Party that has failed to
comply with a Recommendation, when required to
do so, shall not raise any issue as to the merits of the
Recommendation as a defence to its failure to
comply without delay with the Recommendation.
5 Any Party that is dissatisfied with a Recommendation
shall, within 30 days of receiving it, give written notice
expressing its dissatisfaction to the other Party and
the DRB. Such notice may specify the reasons for the
Party’s dissatisfaction, in the absence of which the
DRB may request the Party to provide the DRB and
the other Party with brief reasons for its dissatisfaction.
6 If any Party gives such a written notice expressing its
dissatisfaction with a Recommendation, or if the
DRB does not render its Recommendation within the
time limit prescribed in Article 22, or if the DRB is
disbanded pursuant to the Rules before a
Recommendation regarding a Dispute has been
rendered, the Dispute in question shall be finally
settled by arbitration, if the parties have so agreed,
or, if not, by any court of competent jurisdiction.
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