The ICAM intends to provide speedy, fair, just, independent, neutral and focused services in the following areas:

  • Arbitration
  • Mediation
  • Conciliation
  • Policy advice

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Home Objectives

The ICAM's Objectives

The ICAM is an organisation dedicated:

  1. to host arbitration, mediation and conciliation proceedings as per the Rules hereunder described;
  2. to act as legal advisor in important cases, at the request of clients;
  3. to initiate international actions on behalf of, or in the interest of numerous claimants/ victims in order to stop prejudice and/ or get compensation due to illicit practice and facts affecting natural, social, economic, political or health environment of people.

A) Arbitration, mediation and conciliation

The ICAM intends to provide speedy, fair, just, independent, neutral and focused services in the following areas:

  1. Arbitration
  2. Mediation
  3. Conciliation
  4. Policy advice

The arbitrators of this Court will be distinguished international experts from different disciplines, with a free and total independent spirit, representing every continent in the world. 

The ICAM will specifically set-up three Panels working in three main fields of disputes

  • IPRs, famous marks, international intellectual property treaties, traditional knowledge, genetic resources, cultural heritage, plants variety and transfer of technology, licensing contracts;
  • National or regional peace, boundary disputes, economic development, ownership, access and control of natural resources, ecological protection (off- and on-shore);
  • International commerce, trade, labor mobility, energy and construction.

B) Legal Advisor

The ICAM will also act as Advisor for a party in arbitral, as well as non-arbitral litigation and cases. The ICAM will maintain a team of international advisors and lawyers, not only specialized in arbitration. Lastly, the ICAM intends to create a Forum of local and national arbitration centres or tribunals or law firms, with which the ICAM can cooperate.

C) To initiate international actions

In a globalized world, impact of wars, dictatorships, pollution, migration and unbalanced economic powers have no boundaries. People or nations or SME need to be able to organize international and multi-cultural answers and actions. This is one of the goals of the ICAM.

The Statutes Of The World Arbitration And Mediation Court

  1. The ICAM is a private organisation. 
  2. The ICAM's bodies are the following ones:
    1. The President, who decides about the policy and the strategy of ICAM's activities;
    2. Secretariat headed by the Secretary General, in charge of the implementation of the activities;
    3. An Advisory Board appointed by the President, giving advice and recommendations.
  3. All activities of the ICAM are confidential.
  4. The Rules of Arbitration can be amended at the discretion of the ICAM. Any such amended rules do not apply to pending cases.
  5. The Arbitrators of the ICAM cannot act as legal advisors in a case submitted to or pending before the ICAM.
  6. In principle, the ICAM accepts requests of arbitration for cases with a stake of not less than US$ 15'000'000.
  7. In case of mediation, conciliation and policy advice, the ICAM will decide, case by case, whether to consider implication of the ICAM, depending on the social, political, economic or humanitarian interest of the case

Rules of Arbitration, Mediation and Conciliation of the ICAM

I) General Rules

  1. "Party" can mean "parties"; "selected arbitrators", "Arbitral Tribunal"; "arbitrators", "mediators" or "conciliators" and vice versa. 
  2. The Secretariat has for main tasks to expedite the formalities, to facilitate communication and to guarantee a fair, impartial and prompt proceeding as per internationally recognized rules. The ICAM's Secretariat notifies interim, partial or final award to the parties. 
  3. The ICAM's  Secretariat:
    • receives communication from parties; informs the parties concerned;
    • decides the number of arbitrators to be appointed (1 to 5 as per the nature of the case), should the Claimant ask for such a choice;
    • selects the ICAM's arbitrators as per the expertise needed; and acts as the clerical Secretariat of each arbitration proceeding.
  4. In complicated cases (more than 3 arbitrators), each Party may appoint one arbitrator (also a non- member of the ICAM's arbitrators), acting as amicus curiae ofthe Arbitral Tribunal. This designated arbitrator will be bound by all rules and principles applying to the duties of arbitrators and he will be bound by the confidentiality of all discussions within the Arbitral Tribunal. Any proven breach of these rules by the designated arbitrator will result in dismissal of the party that appointed the arbitrator. The Arbitral Tribunal can also dismiss an amicus curiae arbitrator in case of lack of professional and/or ethical behavior, without recourse. 
  5. The whole Arbitration process is confidential and measures are taken to protect trade secrets and confidential information.
  6. Except as otherwise expressly agreed by the parties, the language of the contract is the language of arbitration. If no written agreement is signed, the Arbitral Tribunal decides the language of arbitration, taking into consideration the wishes of the parties and of the arbitrators.
  7. The Arbitral Tribunal can decide on provisional or urgent measures only if parties have agreed on this competence, or if such measures can expedite or simplify the arbitration proceedings without causing legal prejudice to any party.
  8. All written documents (writ or evidence) produced by any of the parties during the proceeding shall be produced in a number of copies equal to the number of parties plus the number of arbitrators plus two additional copies for the ICAM. The ICAM's Secretariat decides about the means of communication (registered post, courier, fax or electronic communication). Any notification is made to the address of the parties or of their representatives, if any.
  9. The ICAM's Secretariat decides about the delay granted to the parties for submitting their pleas, as per the nature, importance and complexity of the case.
  10. The place of arbitration is in principle at the ICAM's offices. However, the Arbitral Tribunal can decide otherwise.

II) The Arbitral Proceedings

  1. The ICAM can be designated for arbitration, mediation or conciliation by any party:
    1. either by mutual agreement;
    2. or by an unilateral request. In the latter case, the ICAM asks the other parties designated by the Claimant whether they accept the ICAM's arbitration If they refuse ICAM's arbitration, the ICAM' Secretariat informs the Claimant, denies its competence and returns all documents received.
  2. The requesting party has to submit a detailed and complete writ. The initial writ fixes the object of the cause (facts and law: hereunder "the Claim"). All deeds and conclusions have to be clearly and logically explained and arguments, as well as any request of provisional measures, type of enquiries or list of witnesses. 
  3. Upon receipt of the Claim, the ICAM's secretariat fixes the amount of provisional fees (see annex I) and asks the Claimant for a down payment of 10% to meet the provisional fees, to be paid within seven working days.
  4. If  the down payment for provisional fees has not been made by the Claimant in due time, the case is dismissed. The Defendant has no provisional fees to pay, except as otherwise agreed by the parties or in case the Defendant asks for measures of investigation for establishing facts.
  5. If the payment is done in due time, the ICAM's Secretariat notifies the other parties of the case, informs them about the names of the selected ICAM's arbitrators and fixes a delay:
    • to the Claimant for payment of the remaining 90% of the provisional fees within seven working days;
    • to the Defendant (i) to challenge the selected arbitrator(s), if (s)he wishes so, on the ground of serious and founded reasons, or (ii) to object to the arbitral proceeding or (iii) to answer to the Claim.
  6. If the Defendant who has accepted the ICAM's Arbitral Tribunal does not reply within the fixed delay, the Arbitral Tribunal may issue an Award in favour of the Claimant.
  7. Counter claims by the defendant, whatever the nature and importance, have to be made through a distinct Claim, which opens a distinct proceeding submitted to the same arbitrators or to different arbitrators if the nature of such counterclaims call for different expertise. The same rules apply for new claims but not for additional claims linked to the same object of the litigation. The ICAM's Secretariat takes the necessary practical measures in order that the Arbitral Tribunals render their respective sentences with proper coordination and timing. In such cases (counter claims and new claims), the parties are bound by the arbitral competence of the ICAM.
  8. In each case, the Arbitral Award has to be rendered within 10 months as from the receipt of the Claimant's writ. The parties will decide which law(s) are applicable to the case or, in case of disagreement, the Arbitral Tribunal will decide which law(s) is (are) applicable to the merits of the case.
  9. The Arbitral Tribunal decides whether the arbitration is legally binding on the parties, whether the challenging of arbitrators is founded, the date of the first hearing, the object of the first hearing, what facts have to be proven by each of the parties, what provisional additional fees have to be paid in case of special investigation and all other issues relevant to the case, respecting the rights of the parties and the just exercise of arbitration.
  10. The Arbitral Tribunal can also render judgment also as "amiable compositeur"and/or on a "ex aequo et bono" basis, if requested to do so by the parties or unanimously decided by the ICAM 's selected arbitrators.
  11. The Arbitral Tribunal decides based upon the majority of arbitrators about any procedural decision or Award, except an Award consented by all parties. The Arbitral Tribunal must render Awards in which its arguments are explained in fact and in law, except otherwise agreed by the parties . The final Award cannot be contested, except for gross violation of fairness, neutrality or impartiality during the course of the arbitral proceedings. Parties must reserve their rights promptly when a procedural contest appears.
  12. The Arbitral Tribunal can correct clerical errors or interpret the Award at the request of a party, should the Arbitral Tribunal decide such an error or an interpretation is adequate. Parties must present their request by registered letter sent to the ICAM' s Secretariat within ten working days from receipt of the Award.
  13. The ICAM is liable towards the parties in case of gross negligence of its Secretariat.The ICAM is not responsible for breach of professional duties by the arbitrators, neither by the legal opinion of the arbitrators or the Arbitral Tribunal.

Costs and fees

  1. In case of Arbitration and Mediation
    1. The minimum provisional fees (see article 13 of the Rules) are US$ 100'000, the maximum US$ 10'000'000 depending on the type of arbitration or mediation, the complexity, the sophistication and the number of arbitrators. These fees cover the ICAM's Secretariat expenses and the arbitrators' fees.
    2. In principle fees should not exceed seven per cent of the financial value of a case.
  2. In case of Conciliation or legal advice
    1. The fees proposed by the ICAM are to be agreed by the Parties or Client.