Kraydon: la naturaleza del rol de la CCI en el proceso arbitral - Iurgium [previously Spain Arbitration Review] View Kraydon: la naturaleza del rol de la CCI en el proceso arbitral by - Iurgium [previously Spain Arbitration Review] Kraydon: la naturaleza del rol de la CCI en el proceso arbitral 2024 50

French judges have consistently ruled that the International Chamber of Commerce (ICC) fulfills an administrative role in the arbitrations governed by its rules. This approach, extended to other arbitral institutions, defined the scope of its civil liability towards the parties to the arbitration. Kraydon once again delineates this responsibility, asserting that the ICC is only liable for actions it personally undertakes and performs during the arbitration proceedings, independent from the arbitrators’ individual liability. The subjective liability of arbitral institutions, coupled with the absence of res judicata effect of the ICC’s decisions, not only establishes distinct paths for civil actions related to the arbitration but also has a practical and congruent effect within the French pro-arbitration system, promoting efficiency in the proceedings.

Iurgium [previously Spain Arbitration Review]