Purpose

Cordero-Moss, who in the years 2018-2024 was a member for Norway of the ICC Court of International Arbitration, was granted in 2023 access to the ICC archives, and in particular to all awards rendered under the ICC Rules in the years 2000, 2010 and 2020.

 

She is systematically reading all awards rendered in these years in the English language. The purpose is to verify the reasoning of the awards regarding contract terms and their relationship with the governing law. 

 

In particular, she verifies: (i) to what extent the contract wording has been given effect simply on the basis of the language or has been read in combination with other elements; (ii) which elements, if any, have been considered in addition to the contract terms (such as the governing law, transnational law, usages, generally recognized principles, etc.); and (iii) on which basis the arbitral tribunal determined these elements (the parties’ pleadings, conflict rules, comparative analysis, tribunal's discretion, etc.).

 

The analysis considers variables such as the nationality of the arbitrators, the nationality of the parties, the place of arbitration, the governing law, and the type of dispute.

 

Confidentiality of the awards is safeguarded.