The present note sets out best practices that the European Commission (the “Commission”) and the international arbitrator (the “Arbitrator” or the “Arbitral Tribunal”,as the case may be) are invited to apply by way of guidance in their mutual dealings within the course of international arbitral proceedings. A number of these best practices may, at first sight, seem controversial to the extent that they have not yet been tested in real practice.Accordingly, the present guidelines seek to set out what is deemed to be best practice in terms of the Commission’s involvement as amicus curiae in international arbitration proceedings from the viewpoint of the ICC Task Force. As the title of the document suggests, the best practices put forward do not bind either the Commission or the Arbitrator, and are hence to be understood as mere guidelines to facilitate and guarantee the successful employment of arbitration as a mechanism in EC–competition–law–related arbitral proceedings, such as specified below.
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