ICC Arbitration

Experienced Counsel for Dispute Resolution Before the International Court of Arbitration

Attorney Nick OberheidenICC Arbitration Team Lead

Our lawyers provide experienced legal representation for arbitration proceedings before the ICC International Court of Arbitration. The ICC is a trusted institution for arbitrating commercial disputes around the world. ICC arbitration can serve as a cost-effective alternative to cross-border litigation in a wide range of circumstances, and we help companies across the private sector use the ICC’s dispute resolution services to achieve efficient outcomes that allow them to keep moving forward.

With arbitration venues throughout North and South America, Europe, Asia, Africa, the Middle East, and the South Pacific, ICC arbitration is globally accessible, and many companies use it as a solution to the challenges (and costs) of litigating in foreign jurisdictions abroad. Whether companies agree to use ICC arbitration in their commercial contracts or they mutually consent to arbitration when a dispute arises, the process of pursuing arbitration is the same—and both parties have access to a fair and neutral forum without the formalities and time delays involved in going to court.

About International Chamber of Commerce (ICC) Arbitration

The International Chamber of Commerce (ICC) is a global institution that represents the interests of millions of businesses around the world. Through its International Court of Arbitration, the ICC also provides a forum for companies to resolve disputes without going to court when they arise.

The International Court of Arbitration conducts dispute resolution proceedings according to the ICC’s rules and under applicable law. The ICC’s arbitrators around the world are well-versed in the fields in which they practice; and, generally speaking, the ICC is trusted for its neutrality and excellence on the global stage.

With that said, pursuing ICC arbitration isn’t necessarily the best solution for all companies in all cases. At Oberheiden P.C., when our clients are facing cross-border commercial disputes, our representation begins with helping our clients assess the options they have available. If a company has already agreed to arbitrate in a commercial contract or a separate arbitration agreement, then pursuing ICC dispute resolution may be the only option. On the other hand, if a company has a choice between arbitrating under the ICC rules, going to court, and/or pursuing other alternatives, it is imperative that they make an informed and strategic decision. This is just one of many areas in which our international dispute resolution lawyers can help.

Dr. Nick Oberheiden

Founder

Attorney-at-Law

Lynette S. Byrd

Former DOJ Trial Attorney

Partner

Brian J. Kuester

Former U.S. Attorney

Hon. Kevin McCarthy

55th Speaker, U.S. House of Representatives (ret.)

Government Consultant

Mike Pompeo

Of Counsel

Former U.S. Secretary of State

John W. Sellers

Former Senior DOJ Trial Attorney

Linda Julin McNamara

Federal Appeals Attorney

Nicholas B. Johnson

Former Prosecutor

Roger Bach

Former Special Agent (DOJ)

Chris J. Quick

Former Special Agent (FBI & IRS-CI)

Michael S. Koslow

Former Supervisory Special Agent (DOD-OIG)

Ray Yuen

Former Supervisory Special Agent (FBI)

Matters We Handle Before the International Court of Arbitration

At Oberheiden P.C., we are at the forefront of representing commercial parties in cross-border dispute resolution. This includes providing representation before the ICC’s International Court of Arbitration in the U.S. and abroad. We provide representation for U.S. and foreign companies in all industries, including (but not limited to):

Business Services and General Trade
Construction and Engineering
Cutting Edge Technologies (i.e., AI and Cryptocurrency)
Energy and Power Transmission
Financial Transactions and Markets
Industrial Equipment
Insurance
Healthcare
Hospitality and Entertainment
Pharmaceuticals and Medical Devices
Telecommunications
Transportation and Shipping

International disputes in these and other industries can involve a wide range of issues—and, across all of these industries, disputes are becoming increasingly complex. When enforcing a company’s contractual, statutory, or common law rights becomes necessary, the ICC’s arbitration forum provides access to justice without the need to go to pursue litigation in court, provided that companies have the legal representation they need to protect their interests effectively.

Our International Alternative Dispute Resolution Services

Our law firm provides effective representation for international alternative dispute resolution proceedings before the ICC’s International Court of Arbitration and other international bodies. We represent parties on both sides of commercial disputes around the world, and we have achieved favorable results for our clients as both plaintiff’s counsel and defense counsel. Our international dispute resolution services include:

Choosing the Most Appropriate Forum

As discussed above, we assist companies with choosing the most appropriate forum for resolving their international disputes. While pursuing arbitration proceedings under the ICC rules will be a viable solution in many cases, there may also be other—and potentially more favorable—options available. Relying on extensive experience representing clients in all types of international disputes, our lawyers help company executives and in-house lawyers make informed decisions about how best to proceed.

Evaluating Potential Claims and Defenses

Our lawyers can evaluate all potential claims and defenses in your company’s dispute under applicable law. Differences between the laws in different jurisdictions can play a major role in determining the viability of claims and defenses in ICC arbitration (and other cross-border dispute resolution proceedings). As a result, this is a key aspect of our ICC dispute resolution services, and it is an aspect that we approach by working in close collaboration with our clients to ensure that we have all of the information we need to provide sound legal advice and recommendations.

Pursuing Arbitration Under the ICC Rules

When pursuing arbitration under the ICC rules is our client’s best (or only) option, we diligently and strategically navigate the arbitration process on their behalf. Once again, taking into account the governing law is also critical—and, with our international litigation practice, we are well-positioned to help our clients effectively put forth their claims and defenses under applicable law.

Cross-Border Discovery in ICC ADR

Like all forms of dispute resolution, discovery plays a critical role in ICC alternative dispute resolution (ADR) proceedings. With a team that includes both career private-sector litigators and former high-ranking prosecutors with the U.S. Department of Justice (DOJ), we have extensive experience managing extremely complex and high-volume discovery that involves hundreds of thousands or millions of documents and that spans around the globe.

Representation Before the ICC’s International Court of Arbitration

We represent corporations and other clients before the ICC’s International Court of Arbitration in the U.S. and around the globe. If your company’s dispute has not settled by the date its hearing before the ICC court arrives, we will present your company’s claims and/or defenses to the arbitrator—with the goal of achieving a specific, targeted, and favorable outcome based on the specific circumstances, opportunities, and risks at hand.

Enforcement and Appeals

Along with providing representation for arbitration before the ICC court, we provide representation for post-arbitration enforcement and appeals as well. These are also unique legal proceedings that can be subject to various laws, rules, and requirements—so, here too, an informed, strategic, and forward-thinking approach is critical for achieving a favorable resolution when necessary.

FAQs: ICC Arbitration (ICC ADR) for Commercial Dispute Resolution

When Can (and Should) Companies Use ICC Arbitration for International Commercial Dispute Resolution?

Companies can use ICC arbitration for international commercial dispute resolution in a wide range of circumstances—and it will often make sense to do so. This includes not only circumstances in which parties have prospectively agreed to arbitrate any disputes, but also circumstances in which both parties are interested in avoiding the costs and complexities of cross-border litigation. If you have questions about pursuing ICC arbitration, we invite you to contact us for more information.

What Are the Benefits of ICC Arbitration (ICC ADR)?

ICC arbitration can offer several benefits compared to cross-border litigation in a foreign and unfamiliar court. These include standardized and comparatively straightforward procedures, efficiency, and cost-effectiveness. The ICC is widely recognized as providing a trustworthy neutral forum for cross-border dispute resolution, and it has arbitration facilities in major cities around the world, including in North and South America, Europe, Asia, Africa, the Middle East, and the South Pacific.

What is the International Court of Arbitration?

The International Court of Arbitration, also referred to informally as the ICC court, is an international body that provides dispute resolution services for cross-border disputes between businesses. Businesses can use ICC arbitration to resolve all types of commercial disputes—from disputes arising out of breach-of-contract claims to disputes involving intellectual property (IP) rights, confidential documents and files, and other high-stakes commercial matters.

Is Expected Arbitration Available Through the ICC?

Yes, the ICC offers expedited arbitration procedures when needed. To qualify for expedited arbitration under the ICC’s rules, a dispute must: (i) involve an arbitration agreement signed after March 1, 2017; (ii) involve an amount in dispute of less than $3 million (less than $2 million for agreements signed prior to 2021); and, (ii) not be subject to an opt-out of the ICC’s Expedited Procedure Rules. If all three of these requirements are satisfied, then expedited arbitration can provide an even more streamlined means of securing a final resolution.

What Should I Do if My Company Has Received an ICC Arbitration Request?

If your company has received an ICC arbitration request, you should consult with experienced legal counsel promptly. Our law firm handles ICC arbitration proceedings in the U.S. and abroad, and we can provide legal representation on an emergency basis if necessary.

Speak with an ICC Arbitration Lawyer at Oberheiden P.C.

Our law firm represents U.S. and foreign companies on domestic and international disputes around the world. If you have questions about pursuing (or defending against) a claim before the ICC International Court of Arbitration, we invite you to get in touch. To speak with a senior lawyer at Oberheiden P.C. about pursuing ICC ADR, please call 888-680-1745 or tell us how we can reach you online today.