APPENDIX IV - CASE MANAGEMENT TECHNIQUES
The following are examples of case management techniques that can be used by the arbitral tribunal and the parties for controlling time and cost. Appropriate control of time and cost is important in all cases. In cases of low complexity and low value, it is particularly important to ensure that time and costs are proportionate to what is at stake in the dispute.
a) Bifurcating the proceedings or rendering one or more partial awards on key issues, when doing so may genuinely be expected to result in a more efficient resolution of the case.
b) Identifying issues that can be resolved by agreement between the parties or their experts.
c) Identifying issues to be decided solely on the basis of documents rather than through oral evidence or legal argument at a hearing.
d) Production of documentary evidence:
(i) requiring the parties to produce with their submissions the documents on which they rely;
(ii) avoiding requests for document production when appropriate in order to control time and cost;
(iii) in those cases where requests for document production are considered appropriate, limiting such requests to documents or categories of documents that are relevant and material to the outcome of the case;
(iv) establishing reasonable time limits for the production of documents;
(v) using a schedule of document production to facilitate the resolution of issues in relation to the production of documents.
e) Limiting the length and scope of written submissions and written and oral witness evidence (both fact witnesses and experts) so as to avoid repetition and maintain a focus on key issues.
f) Using telephone or video conferencing for procedural and other hearings where attendance in person is not essential and use of IT that enables online communication among the parties, the arbitral tribunal and the Secretariat of the Court.
g) Organizing a pre-hearing conference with the arbitral tribunal at which arrangements for a hearing can be discussed and agreed and the arbitral tribunal can indicate to the parties issues on which it would like the parties to focus at the hearing.
h) Settlement of disputes:
(i) informing the parties that they are free to settle all or part of the dispute either by negotiation or through any form of amicable dispute resolution methods such as, for example, mediation under the ICC ADR Rules;
(ii) where agreed between the parties and the arbitral tribunal, the arbitral tribunal may take steps to facilitate settlement of the dispute, provided that every effort is made to ensure that any subsequent award is enforceable at law.
Additional techniques are described in the ICC publication entitled “Techniques for Controlling Time and Costs in Arbitration”.