3 If the parties reach an agreement on the consultation of their dispute over the internal settlement, the procedure begins on the date the Centre sends the parties written confirmation of the findings. The general principle of confidentiality of REL proceedings assumes that a transaction agreement between the parties is not disclosed and is not used as evidence in court proceedings, arbitrations or similar proceedings. Confidentiality can only be waived if the parties have agreed or if applicable law requires disclosure (Article 7). Changes in costs and royalties are also significant. The ICC`s administrative costs are now based on the amount of the litigation. If this exceeds $100,000, the maximum amount calculated by CCI has tripled to $30,000. For low-value litigation (less than $200,000), the maximum has halved to $5,000. There is also a non-refundable registration fee of $2,000. Nevertheless, the service remains significantly more favourable than other alternative modes of dispute resolution.
While the regulation provides that all commissions and fixed fees are borne equally between the parties, the party is free to pay the outstanding balance of all necessary deposits and/or fees if the other party does not pay its share (Article 6, paragraph 6). Since the Centre is entitled to bear or terminate the procedure in the event of non-payment of a requested deposit (Article 6, paragraph 5), one party may be obliged to take the other party`s share of the costs in order to continue the mediation. While most of the changes made are largely stylistic, it should be noted that the rules are now exclusively managed by the Icc International Centre for ADR. It is an autonomous governing body within the ICC, which now plays an increased role in the dispute resolution process. Their role, in the absence of contrary agreement between the parties, includes both the language and place of mediation (Article 4) and the appointment of a mediator (Article 5). 2 Unless there is a requirement by existing legislation and there is no contrary agreement between the parties, a party cannot present evidence in any legal, arbitration or similar proceedings: once the neutral has been chosen (Article 3 of the ICC ADR rules), a discussion takes place between the parties and the neutral in order to reach an agreement on the applicable resolution techniques and to define the specific REL procedure. In the absence of such an agreement, mediation will be used (Article 5). 6 With the agreement of all parties, the parties may appoint more than one mediator or ask the Centre to appoint more than one mediator in accordance with the provisions of the internal regulation.