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FICA

FICA. Our Services: Flexibility and Speed.

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FICA

FICA. Our Services: Costs and Quality.

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FICA

FICA. Our Services: Confidentiality and Party Autonomy.

What we offer

Quality

Our panel of arbitrators has international experience and wisdom.

Party Autonomy

FICA recognises the concept of party autonomy. “Party autonomy” means that the parties control the procedure and the proceedings. In some dispute resolution institutions control of all or part of the procedure and proceedings is removed from the parties. This removal may provide clarity, where parties are willing to accept the situation. But it also imposes fetters, which can restrict a proper and effective settlement of the dispute.

Parties are not instructed as to their choice of tribunal/arbitrator. Parties can choose from our steadily increasing panel, or they can seek the advice of the administration.

Speed

Time limits are provided for the assistance of the administration and the arbitrators/dispute resolvers. The parties, by consent, can vary these time limits. If only one of the parties seeks an extension of time it is unlikely, except in unusual and extraordinary circumstances, that an extension will be granted where such a request is opposed by the other parties. This being said, FICA cannot guarantee a swift conclusion to a dispute.

Confidentiality

The dispute resolution rules are written in a way that recognises the concept of confidentiality and requires parties to adhere to that concept as far as is reasonably possible. While at present FICA cannot guarantee confidentiality when a challenge is made either during the arbitration proceedings or upon enforcement of the award, FICA is actively seeking to persuade jurisdictions with an arbitration law that confidentiality should be incorporated as a fundamental concept within that law.

Flexibility

FICA offers a dispute resolution clause and standard rules. These rules, whilst offering a cogent framework, can be adapted to the particular needs of parties.

Parties may adopt any dispute resolution clause which, while clearly flexible, provides a clear route through any dispute that may arise. This clause does not require the input of a genius when inserting it into a contract. It requires common sense. Which language, shall we use? With which law are we most comfortable? Are we aware of the differences between the law of the contract and the law of the arbitration proceedings? FICA urges dominant parties not to adjust a model clause so that it is weighted heavily in favour of the dominant party.

Costs

The fees to be charged are set out in the schedule.

Arbitration, Dispute boards, Expert Determination and Mediation.

Disputes Board Rules (PDF, 36Kb)
Mediation Rules (PDF, 31Kb)
Arbitration Rules (PDF, 55Kb)
FICA UNCITRAL Arbitration Rules with no power to order security for costs (PDF, 50Kb)
Expert Determination Rules (PDF, 46Kb)