Welcome to the latest edition of our quarterly newsletter, where we bring you highlights from the previous quarter, share exciting upcoming initiatives, and provide our monthly update on policy matters.
• New Leadership and Appointments We are pleased to announce new leadership at ICC Global, with the appointment of Philippe Varin as ICC Chair. Claudia Salomon began her second term as President of the International Court of Arbitration on the 1st of July. We are also glad to have a Dutch Vice President for the next three years, alongside our two court members.
• Reflecting on Recent Events In June, we attended the SB60 Climate Conference in Bonn together with the ICC Climate team and a business delegation. Amid growing frustration among governments regarding the lack of communication from Baku on its vision for the conference, our team delivered crucial expertise on high-stake issues, ensuring business needs were part of the discussion. These included new climate finance goals, Article 6 on carbon markets, and national climate action plans. These meetings were essential in laying the groundwork for a successful COP29. There was a lot to report from this two-week long conference so we have condensed this huge amount of information for you into a four-minute read.
• Round Tables and Discussions We hosted diverse roundtables this quarter. The Sustainability and International Trade roundtable marked the launch of the ICC NL Sustainability Commission, which will start later this year. The Customs and Trade Facilitation roundtable provided insights into the current and future landscape around Dutch customs and the impact of regulations in the Netherlands, the EU, and internationally. Don’t miss our interview with Norbert Kouwenhoven in this edition for more details about this. Our roundtable on the Digitalisation of Trade Documents emphasized the need to align business requirements with the global regulatory framework, highlighting the necessity to move away from paper-based trade documents.
• An eye on the future Looking ahead, we are excited about the upcoming initiatives and events planned for the next quarter. Our working group on the Digitalisation of Trade Documents will kick off in September, focusing on aligning Dutch legislation with the MLETR. Key events to look forward to include our Arbitration & Dispute Resolution Forum for corporate legal professionals and a roundtable on the evolving role of compliance officers in light of new and upcoming ESG regulations, where we will also explore the strengthening cooperation between the banking and corporate sectors.
• Save the Date! A date for your diaries: our Week of Integrity kicks off on December 9th and culminates on December 13th with the 10th edition of our International Integrity Conference. This year’s conference will focus on Integrity and Sustainability, promising a week of engaging discussions and valuable insights.
We hope you enjoy reading this newsletter. If you have any feedback or questions about any of the content, please feel free to let us know. What’s more, don’t hesitate to contact us if you want to attend or participate in any of our upcoming events and initiatives.
Thank you for staying connected!
New ICC leadership
New Chair Elected for ICC: Philippe Varin
International industry leader Philippe Varin has been elected as the new Chair of the International Chamber of Commerce (ICC), the global voice for over 45 million businesses. Varin succeeds Maria Fernanda Garza, who now serves as ICC’s Honorary Chair, following a unanimous vote by the organization’s over 90 national committees at its Global Headquarters in Paris.
Upon his election, Mr. Varin emphasized the ICC’s foundational mission to promote peace and prosperity through global trade, highlighting the strategic importance and challenges in a world marked by conflicts and intense geoeconomic competition. Varin stated, “The international business community needs to be more vocal in calling out the risks of economic and political fragmentation – as well as the damaging effects of unilateral and protectionist policies. I am committed to ensuring that business leads from the front in driving policy reforms to address major global challenges – in particular by mobilising innovative coalitions to accelerate sustainable development.” Varin has laid out a five-pillar strategy for his two-year tenure, focusing on international trade, the rule of law, climate action, trade digitalization, and multilateral cooperation. He added, “In a uniquely challenging environment for the private sector, I feel an immense responsibility to ensure that ICC delivers real impact for businesses – large
and small – across our global network. I look forward to working with our teams across the world to maximise the value and reach of our full suite of activities and services.”
ICC Secretary General John W.H. Denton AO commented on Varin’s election, saying, “Philippe’s assured leadership, focus on performance and delivery, and deep understanding of the opportunities and challenges facing international business will be hugely valuable as we continue our transformation to a stronger and more dynamic institution. I look forward to working hand-in-hand with Philippe throughout his tenure and take this opportunity to thank our outgoing chair, Maria Fernanda Garza, for the unique value she has created for our global network over the past two years.”
Maria Fernanda Garza, the Vice Global Chair of the ICC, recently visited the Netherlands. She found some space in her busy schedule to answer a few of our questions.
The ICC: past, present and future
When asked to name an internationally active organisation, many people’s answer will be linked in some way to the United Nations or one of its many specialist agencies. It’s a perfectly logical answer because, after all, the United Nations is a well-known organisation that has an impact on a huge array of issues that affect our lives. Think back to the World Health Organization’s contribution to fighting the coronavirus or UNICEF’s provision of aid to children around the world. Furthermore, the United Nations has been around for decades (since 25 April 1945 to be precise).
Less people would give the International Chamber of Commerce as an answer despite the fact that the ICC has been operating for more than a quarter of a century longer than the UN. Aiming to put the ICC firmly in the spotlight, we spoke to Maria Fernanda Garza, the Global Chair of the ICC, to learn more about the history, the achievements and the future ambitions of the ICC.
Arbitration…
One particular activity for which the ICC is famous is arbitration. “We realised, that in order to be able to promote global trade, we also needed to provide members with a means to resolve disputes that might arise between them,” she explains. “This led to the establishment of the ICC International Court of Arbitration, which celebrated its 100-year anniversary in 2023.” The International Court of Arbitration works as a neutral party, does not issue formal judgements and is considered to be the most trusted arbitration institution in the world. “It is a true global dispute resolution service,” smiles Maria proudly.
…and corruption
Although the ICC’s mission has remained generally stable over the previous 105 years, its actions and methods have responded to global events and trends. “The 1970s, for example, saw a huge rise in the number of corruption scandals. This was when the ICC started to get involved with the subjects of integrity and ethical business,” she says. “They understood then that, if business was part of the problem, it could therefore be part of the solution.” Despite focusing on this topic for more than 50 years, attention to ‘integrity in business’ continues to be very much needed. “We issue guidelines for companies on how to become ethically more responsible, in particular trying to incorporate new technologies.”
International participation
Even though the ICC is a non-governmental organisation, the year 2015 saw it take a huge step forward in terms of international recognition and participation. “This was when we gained the Observer Status at the UN General Assembly,” Maria says. “This has given us a seat at the table – representing the global business community – at all the UN agencies.” Although the Observer Status yields no voting privileges, “we can still bring the perspective of business to the discussion”. The Observer Status has meant that the ICC has become “very active in all international discussions”. Perhaps the most urgent of these is about climate change and the question of working towards net-zero emissions, thus hitting the 1.5°C target. “We were part of the Paris Agreement. And since then we have been trying to unlock the potential of article 6 of the Paris Agreement. And to stimulate the investment that is needed to develop new technologies and innovations to really tackle the climate problem.”
ICC Roadmap 2024-2026
“It is a great honour for me not only to be the first woman chair of the ICC, but also the owner of a small company; this means that I can bring a different perspective. I have always seen the ICC has a conduit to change the world to a better place.”
Maria Fernanda Garza Vice Global Chair of the ICC
The core mission of ICC—to enable peace and prosperity through trade—has never been more relevant given the challenges of climate change, rapid digitalisation and geopolitical tensions.
Our 5 pillars will be:
• Tackling trade frictions
• Promoting access to justice, integrity and respect for the rule of law by enhancing the reach and scope of ICC’s dispute resolution services
• Enabling effective action on climate and sustainability
• Accelerating trade digitalisation
• Enhancing multilateralism
The 2023 ICC balance sheet
Our annual impact across the world
$17.5 trillion in merchandise trade enabled by ICC rules and services
+$200 billion in commercial disputes resolved through ICC arbitration
$820 billion in trusted advertising spend enabled by ICC selfregulatory frameworks
+4 million transactions facilitated by ICC-verified certificates of origin
$28 billion in duty free temporary imports facilitated by ICC’s ATA Carnet system
$280 million in cost savings from customs delivered by the Global Alliance for Trade Facilitation
Global momentum on Digital Trade: What’s next for the Netherlands?
On June 27th, we hosted a roundtable discussion on the implementation of the Model Law on Electronic Transferable Records (MLETR) in the Netherlands. The event brought together key stakeholders from the private sectors, including representatives from financial institutions, corporates, and trade associations. The goal was to explore the benefits of MLETR, address the challenges, and chart a course for its successful implementation in the Netherlands.
Highlights from the Discussion:
The Benefits of MLETR: The discussions underscored the significant advantages that MLETR offers. By enabling the use of electronic transferable records, MLETR can streamline trade processes, reduce costs, enhance data exchange, and decrease economic crime. Participants agreed that moving from paperbased to digital trade documents could transform the efficiency and security of trade transactions. Additionally, the increasing need for data makes this implementation a key enabler for reporting and monitoring other types of data, such as carbon reporting and due diligence.
Legislative and Technical Challenges: One of the main topics was the current legislative status and the hurdles that need to be overcome. The need for a robust business case supported by concrete data was emphasized, as this would be crucial in convincing policymakers to prioritize MLETR. Legal experts highlighted the importance of ensuring that digital records comply with national and international laws, and technical experts stressed the need for secure and reliable digital trust frameworks.
Raising Awareness and Building Alliances: Participants recognized that raising awareness about the benefits of MLETR is essential. This includes not only educating policymakers but also engaging the broader business community. Strategic partnerships with digital finance, sustainability initiatives, and fintech companies were identified as key to building a strong coalition in support of MLETR.
Pilot Projects and Demonstrations: To showcase the practical benefits and feasibility of MLETR, the idea of implementing pilot projects was discussed. These pilots would help gather real-world data and refine processes before a full-scale implementation. They would also serve as compelling case studies to illustrate MLETR’s potential.
International Insights: Learning from the experiences of other countries that have successfully implemented MLETR was invaluable. Representatives from France, the UK, and Germany shared their insights and lessons learned:
- France: France adopted MLETR in June, defining transferable titles and creating a comprehensive list of instruments, including bills of exchange, promissory notes, and insurance policies. They emphasized the importance of clear legislative language and the creation of a reliable method for ensuring trust in electronic documents. Key lessons included the need for extensive stakeholder education, practical communication approaches, and setting up paperless corridors with trading partners.
- UK: The UK highlighted the economic impact of digitizing trade documents, noting potential cost savings and efficiency gains. They shared their phased approach, starting with minor legislative amendments and moving towards full implementation. The importance of continuous dialogue with government and industry stakeholders, backed by solid data and a clear narrative, was emphasized.
- Germany: Germany’s early adoption faced challenges due to the lack of clarity between paper and digital documents. However, recent efforts have focused on aligning legal frameworks and industry practices. Their approach includes pilot projects, coordinated by ICC Germany, to showcase benefits and gather support. They stressed the importance of interoperability standards and involving legal experts to ensure compliance and validation of digital records.
Next Steps:
Based on the fruitful discussions, several next steps were proposed:
Forming a Dedicated Working Group: To drive forward MLETR implementation, we will establish a working group with representatives from various sectors, such as corporates, financial institutions, and trade associations. This group will meet monthly to discuss progress, challenges, and strategies. We invite all our members to join this conversation as Digitalisation of trade will impact all businesses.
Collecting and Analyzing Data: We will collaborate with CBS (Central Bureau for Statistics) and other relevant organizations to collect data on the impact of MLETR on trade efficiency, cost savings, and economic benefits. Developing a solid business case and clear metrics will help demonstrate the benefits of digitalization to stakeholders, including politicians and businesses (both large and SMEs).
Addressing Legal and Technical Challenges: Engaging with legal experts is essential to ensure that the transition from paper to digital documents complies with national and international laws. Addressing any technical challenges related to implementation, such as ensuring secure and reliable digital trust frameworks, is also crucial. We will prepare comprehensive FAQs to support this.
Raising Awareness and Building Alliances: We will conduct awareness campaigns targeting both the public and private sectors to highlight the benefits of MLETR. Partnering with digital finance, sustainability initiatives, and fintech companies will help build strong alliances. Using case studies and success stories from other countries, we will illustrate MLETR’s positive impact. Engaging with international bodies and countries that have successfully implemented MLETR will provide valuable insights, and we will explore opportunities for cross-border collaboration and alignment of digital trade practices.
Engaging with Policymakers: Identifying key policymakers and government officials who can champion MLETR is critical. Educating them about MLETR’s benefits and providing data-backed evidence will support legislative changes. We will advocate for the urgent passage of the current legislative proposal without further delays or present an alternative proposal based on the latest legislative update.
Implementing Pilot Projects and Demonstrations: We aim to implement pilot projects with major trading partners to showcase the practical benefits and feasibility of MLETR. These pilots will help gather real-world data and refine processes before fullscale implementation.
The roundtable on June 27th was a significant step towards the digital transformation of trade in the Netherlands. The enthusiastic participation and constructive discussions have laid a solid foundation for the next steps. We are excited about the journey ahead and confident that with continued collaboration and commitment, we can achieve successful MLETR implementation, ensuring the Netherlands keeps a competitive advantage with its neighbors.
What is MLETR?
The Model Law on Electronic Transferable Records (MLETR) is a set of legal guidelines created by the United Nations to allow electronic versions of traditional paper-based trade documents, like bills of lading, promissory notes, and warehouse receipts, to be used in international trade.
Why is it Important?
Efficiency: Speeds up transactions by replacing slow, paper-based processes.
Cost Savings: Reduces costs related to printing, storing, and shipping physical documents.
Security: Enhances security and reduces the risk of fraud.
Environmental Impact: Lowers the need for paper, benefiting the environment.
How Does it Work?
MLETR provides a legal framework that ensures electronic documents are treated the same as paper documents. This involves:
Legal Recognition: Ensuring electronic records have the same legal standing as paper ones.
Interoperability: Allowing different systems and platforms to work together seamlessly.
Security Measures: Implementing digital signatures and encryption to protect documents.
Benefits Beyond Trade
MLETR also supports the growing need for data in areas like carbon reporting and due diligence by making it easier to track and report on various aspects of trade transactions electronically.
In short, MLETR modernizes trade by making it faster, cheaper, and more secure, while also supporting broader data and environmental goals.
Student Research Highlights: MLETR Implementation in the Netherlands
We are excited to introduce the insightful research conducted by two talented students from The Hague University of Applied Sciences. Their work focuses on the Model Law on Electronic Transferable Records (MLETR) and its relevance and implementation in the Netherlands.
1. The Relevance of MLETR for Dutch Corporates The first study delves into why MLETR is significant for Dutch corporates. It highlights the potential benefits of adopting MLETR, such as increased efficiency, enhanced security, and reduced transaction costs. The research underscores the importance of digital transformation of trade documents in maintaining the competitiveness of Dutch businesses in the global market.
Born and raised in Cairo, Egypt, Ahmed Darwish is a passionate student looking to further expand his knowledge of the law. He holds a Bachelor of Laws degree from The Hague University of Applied Sciences, specialising in international commercial law and trade law. He wrote his bachelor’s thesis for the International Chamber of Commerce, researching and analysing the potential benefits and barriers related to the implementation of the Model Law on Electronic Transferable Records in the Netherlands. Ahmed aims to continue his education, pursuing a master’s degree in law and technology at Utrecht University.
MLETR: THE MODEL LAW ON ELECTRONIC TRANSFERABLE RECORDS
What is the MLETR?
The Model Law on Electronic Transferable Records (MLETR) is a legal framework created by the United Nations to allow electronic documents to be used in place of paper documents in international trade. It helps modernize trade by enabling the secure and efficient use of electronic transferable records.
What does it offer?
and delayed transactions. Leveraging the formidable power of technology to make fraud much more difficult.
Economic benefits
Yearly, billions of dollars are spent on the production, transportation, storage, and processing of physical documents. An electronic bill of lading alone could allow the industry to avoid 6.5 billion dollars of direct costs and enable 40 billion in global trade.
Efficiency and sustainability
For each transaction, days are lost in processing of physical transferable records. Digitalisation could eliminate the need for manual data processing, saving hours or even days of valuable time. Paperless trade is estimated to reduce carbon emissions by 36 million tons; this is equivalent to planting a billion trees.
Resilience
The paper-based system of trade is vulnerable to disruptions and unforeseen changes like the Covid Pandemic. Digitalisation could mitigate these risks, by utilizing a flexible method of trade.
Why is the ICC Taking the Lead?
The International Chamber of Commerce (ICC) aims to promote a free and fair market economy where the international flow of goods, services, capital, and technology is able to expand and help in the development of all countries. ICC is renowned for setting global standards like Incoterms or Uniform Customs and Practice for Documentary Credits (UCP 600). Representing 45 million businesses in over 170 countries, the ICC uses its global leverage to lead the adoption of the MLETR. This initiative aims to modernize trade practices, reduce barriers, and increase efficiency in global commerce.
2. Regulatory Updates for MLETR Implementation
The second study examines the current Dutch regulations and identifies the necessary updates to facilitate the implementation of MLETR. This comprehensive analysis provides a roadmap for aligning national legislation with international standards, ensuring a seamless transition to electronic transferable records.
Maryna Loza, originally from Ukraine, has nurtured a profound interest in international law from a young age. She is a distinguished alumna of The Hague University of Applied Sciences, where she earned her Bachelor of Laws degree with a specialization in International Business Law. Demonstrating exceptional analytical skills, Maryna authored a compelling bachelor’s thesis for the International Chamber of Commerce, entitled “Transposing Model Law on Electronic Transferable Records into Dutch Law: Insights from the French Implementation Process.” As she embarks on the next phase of her career, she is committed to gaining extensive practical experience and furthering her expertise in the realm of international commercial law.
Compatibility of MLETR and Book 8 DCC
Climate Meetings in Bonn: Setting the agenda from Dubai to Baku
The SB60 meetings in Bonn (3-13 June) marked a critical preparatory step towards COP29 in Baku, addressing pivotal issues in the global climate agenda. Over two weeks, delegates from around the world gathered to discuss and negotiate critical components of the Paris Agreement implementation. SB60 lays the groundwork for the upcoming COP29 in Baku. The outcomes of SB60 are pivotal in shaping the agenda and priorities for COP29. This summary highlights the key discussions and progress made at SB60.
Key issues in negotiating rooms
Global Stocktake (GST)
One of the significant achievements of COP28 was the adoption of the first-ever “Global Stocktake” (GST) under the Paris Agreement. This decision provided a comprehensive roadmap for policy changes aimed at accelerating efforts in mitigation, adaptation, and support mechanisms, including finance.
Mitigation efforts met by division
The Sharm el-Sheikh Mitigation Ambition and Implementation Work Programme (MWP), originally adopted at COP26 and further refined at COP27 and COP28, remains a crucial tool for scaling up urgent mitigation efforts. During the last session of informal consultations on Wednesday, LMDCs, Arab Group and African Group opposed the adoption of draft conclusions. Ultimately, parties could not agree on a way forward to prepare a draft text. Given the lack of agreement, this item will be automatically included in the agenda of the next SB session in Baku.
New Collective Quantified Goal (NCQG):
The draft negotiations for the New Collective Quantified Goal (NCQG) on climate finance, set to be unveiled at COP29, were a focal point at the Bonn conference. The NCQG aims to follow the 2009 pledge by developed countries to provide $100 billion annually by 2020 to support developing countries.
Fiery exchanges on the NCQG for the period 2025-2035 ended with negotiators from developed and developing countries expressing deep disappointment and concerns with the process and progress made so far. The real roadblocks seem to be the goal’s quantum as well as where the money will come from.
Progress on Carbon Market Mechanisms, Article 6
Article 6.2 - Cooperative Approaches:
Article 6.2 allows countries to engage in cooperative approaches to meet their climate targets. The aim is to promote higher ambition in both mitigation and adaptation actions.
Article 6.4 - Mechanism:
Article 6.4 establishes a new mechanism to contribute to greenhouse gas emissions reductions and sustainable development, and is often seen as a successor to the Kyoto’s Clean Development Mechanism (CDM).
Advancing Global Adaptation Goals
Discussions on “Matters relating to the global goal on adaptation” focused on the UAE–Belém work programme, which aims to develop indicators for measuring progress towards adaptation targets.
These discussions are critical as they aim to establish a robust framework for tracking and enhancing global adaptation efforts. The outcomes will significantly influence the effectiveness of adaptation actions and the overall success of the Paris Agreement.
Progress in Agricultural Climate Action
After several unfruitful negotiating sessions related to agriculture at COP28, discussions under the four-year “Sharm el-Sheikh joint work on implementation of climate action on agriculture and food security,” resumed in Bonn with a more positive outlook.
Parties were able to resolve key outstanding issues and agree on a roadmap as well as on the topics for the in-session hybrid workshops to be held 2025 and 2026. Additionally, the incoming COP29 Presidency launched an agricultural initiative titled “Harmonia for Climate Resilience”. This initiative aims to bolster climate resilience in agricultural practices. The progress made in these sessions is a hopeful indicator for more robust and effective agricultural policies and actions at COP29.
Advancing the Just Transition Work Programme
Discussions commenced on the “UAE Just Transition Work Programme” (JTWP), which aims to facilitate a just transition pathway to achieving the goals of the Paris Agreement through nationally determined contributions (NDCs), national adaptation plans (NAPs), and long-term low-emission development strategies. Despite the hard work, we witnessed limited progress on this item. Divergent views remained: mainly over the need to develop a workplan and to ensure that dialogues are conducive to concrete outcomes and actionable solutions.
Enhancing Intergovernmental Meeting Arrangements
Under the contact group on Arrangements for Intergovernmental Meetings (AIM), Parties built on previous discussions to identify concrete steps for enhancing the efficiency of the increasingly complex and wide-reaching UNFCCC process.
Closing Plenary and Final Outcome of SB 60
The largest-ever SB intersessional meeting, with over 8,000 registered delegates including government negotiators, business representatives, and NGOs, concluded on June 15, 2024. The two weeks of intense and often challenging discussions set the stage for COP29 in Baku later this year.
• Milestone Before COP29: SB60 was a critical milestone in the UN climate negotiations, focusing on preparatory technical work for high-stakes issues for the November conference. The key areas are mentioned above.
• Challenging and Divisive Discussions: The discussions were particularly difficult and divisive across several agenda items. Despite relentless efforts from delegates and SB Chairs, overall progress was slow.
• Procedural and Draft Conclusions: In the closing plenary, Parties adopted several procedural and draft conclusions. These documents will form the basis for ongoing work leading up to COP29.
• Expressions of Disappointment and Commitment: The five-hour plenary featured lengthy interventions from various groups and Parties, expressing deep disappointment with the progress on key issues, particularly mitigation and finance. However, there was also willingness to continue engagement and advance work in the lead-up to COP29.
• UNFCCC Executive Secretary’s Call to Action: The UNFCCC Executive Secretary emphasized that many issues remain unresolved and urged delegates “not to leave the hardest work to the last eleventh hour.” He highlighted the need for continued effort and collaboration.
• Azerbaijan’s COP29 Presidency: The incoming COP29 Presidency from Azerbaijan is already working to understand the different issues and Parties’ positions better, aiming to strengthen its leadership.
The ICC, as the official UNFCCC Focal Point for Business and Industry, actively participated in and contributed to numerous technical discussions. Members of the business group met with lead negotiators and experts throughout the two-week session. The Closing statement is available online.
2. Case Studies: analysis of recent litigation cases
3. Risk mitigation: the effects of ESG disputes and practical guidance
ICC Dispute Resolution: 2024 – 2026 mandate
The ICC Court of Arbitration: A Global Leader in Dispute Resolution
The International Court of Arbitration® is the world’s leading arbitral institution, renowned for its role in resolving international commercial and investment disputes. Since its establishment in 1923, the ICC Court has been pivotal in providing businesses, governments, and individuals with a variety of customizable services to address every stage of their disputes.
Despite being referred to as a court, the ICC Court of Arbitration does not issue formal judgments on disputed matters. Instead, it administers arbitrations through judicial supervision, ensuring that arbitration proceedings are conducted efficiently and effectively. Here are some of the key responsibilities undertaken by the ICC Court:
• Arbitrator Management: The Court confirms, appoints, and replaces arbitrators, as well as decides on any challenges made against them. This ensures that the arbitration process is fair and impartial.
• Process Monitoring: The Court monitors the arbitral process to ensure that it is performed properly and with the required speed and efficiency, maintaining the integrity of the arbitration.
• Award Scrutiny: All arbitral awards are scrutinized and approved by the Court to reinforce their quality and enforceability.
• Fee and Cost Management: The Court sets, manages, and, if necessary, adjusts arbitrator fees and cost advances, ensuring transparency and fairness in the financial aspects of arbitration.
• Emergency Proceedings: The Court oversees emergency proceedings before the start of the arbitration, providing urgent relief when necessary.
The ICC Court’s mission is to ensure the proper application of the 2021 Arbitration Rules and to assist parties and arbitrators in overcoming procedural obstacles. These efforts are supported by the Court’s Secretariat, which comprises over 100 lawyers and support personnel operating from offices in Paris, New York, Sao Paulo, Singapore, Abu Dhabi, and Hong Kong.
The ICC Court administers cases in any language and communicates in all major languages. This linguistic versatility is crucial in catering to the diverse needs of international trading partners.
Continuously striving to improve efficiency, control time and costs, and aid enforcement, the ICC Court introduces innovative arbitration tools and procedures. This commitment ensures that the ICC Court remains attuned to the concerns and interests of trading partners worldwide.
Dutch Representation on the ICC Court
International Court of Arbitration 2024-2027 Mandate
Vice-President Member Member
We are proud to announce that the ICC Court of Arbitration now includes three distinguished members from the Netherlands. This enhanced Dutch representation underscores the Netherlands’ significant role in international arbitration and reflects our commitment to incorporating diverse perspectives in our decision-making processes.
These new members bring a wealth of experience and expertise, further strengthening the ICC Court’s ability to administer fair and effective arbitration proceedings. Their participation will enhance the voice of Dutch businesses and legal professionals in the global arbitration community.
If you have any questions or would like to reach out to our new Dutch court members, please contact us.
The ICC Commission on Arbitration and ADR: Leading Innovation in Dispute Resolution
The ICC Commission on Arbitration and ADR serves as the premier think tank for ICC Dispute Resolution Services. Its purpose is to foster thought leadership in the field of dispute resolution by bringing together expert knowledge and raising awareness about practical and legal issues in arbitration and ADR.
To keep pace with the latest legislative and technological advancements and to address the evolving needs of practitioners and businesses globally, the commission provides crucial input on proposed modifications to dispute resolution rules before they are submitted to the Executive Board for approval.
In its research role, the commission examines legal, procedural, and practical aspects of arbitration and ADR to promote access to justice and efficient, cost-effective dispute resolution. Through specific projects carried out by Task Forces or Working Groups, the commission produces concrete guidance, useful tools, recommendations, and model clauses, which are often featured in practical reports and guides available in both booklet and electronic formats on the ICC website or in the ICC Bulletin.
Marieke van Hooijdonk Allen Overy Shearman Sterling LLP
Thomas Stouten Houthoff
Martje de Vries Lentsch De Brauw Blackstone Westbroek
The commission is composed of delegates appointed by national committees, along with ICC court members, and boasts members from more than 100 countries. This diverse membership includes lawyers, in-house counsel, arbitrators, mediators, law professors, and experts in various dispute resolution fields.
The commission convenes at least twice a year to discuss and approve reports and guides. Its steering committee, which includes the Chair, Vice-Chairs, and other representatives of ICC Dispute Resolution Services, meets regularly throughout the year to plan the commission’s activities, including proposals for new task forces.
By fostering innovation and providing expert guidance, the ICC Commission on Arbitration and ADR continues to lead the way in improving global dispute resolution practices.
New Dutch Delegate to the International Arbitration and ADR Commission
We are delighted to announce the nomination of new Dutch delegates to the ICC Commission on Arbitration and ADR.
The new delegates will join the commission’s esteemed members in driving forwardthinking research and developing practical tools and guidelines that enhance the practice of arbitration and ADR globally. Their involvement will ensure that Dutch perspectives and experiences are well-represented in shaping the future of dispute resolution.
We congratulate our new delegate on this prestigious appointment and look forward to their valuable contributions to the commission’s work. Their participation will undoubtedly support our mission to advance efficient and fair dispute resolution practices worldwide.
Dutch delegation to the ICC International Arbitration and Alternative Dispute Resolution Commission
Maarten Drop Cleber N.V.
Bart Leijnse Leijnse Artz
Bart Neervoort Medarba
Niek Peters Legaltree
Stan Putter HBN Law & Tax
Rogier Schellaars Van Doorne
Annet Van Hooft Independent
Willem Van Baren Independent
Mirjam Van De Hel-Koedoot Nautadutilh N.V.
Alexandra Schluep Avizor Advocates & Arbitrators
Amaury De Bruijn Friesland Campina
Ana Morales Ramos Aramco
Sabrina Strassburger Damen Shipyards
Maarten Sturm Tata Steel
Danielė Tatorytė-Kavaliauskė Sbm Offshore
Marnix Leijten De Brauw Blackstone Westbroek
Customs and Trade Facilitation
The Evolving Landscape of Customs: Insights from Our Roundtable Discussion
While the history of customs can be traced back to ancient Egypt, it is safe to say that much has changed in recent years. This change is likely to accelerate due to current geopolitical dynamics, an explosion of regulations, and new technologies.
During our roundtable discussion, it became clear that close collaboration and transparency between customs and operators are crucial. Customs authorities are adapting to new technologies, and the private sector must prepare to ensure smooth cross-border trade. Uniformity and standardized, easily accessible data are essential for this transition.
New regulations are putting significant pressure on businesses. Importers are liable for the goods they bring in, and recent regulations, particularly those from the Green Deal, mandate chain responsibility. This means businesses need to obtain accurate data about their supply chains, including tier 3-4 suppliers often located in developing countries with varying regulations. Even between the EU and US, there are differences in the definition of forced labor. This is worse with developing countries, complicating the acquisition of insights from suppliers who may themselves be unaware of the origins of their materials.
Solar Panels - China and Vietnam
The solar panel industry has seen significant trade disputes, particularly involving Chinese manufacturers. Recently, it was found that some Chinese solar panel producers were routing their products through Vietnam (and other Southeast Asian countries) for minor processing to circumvent antidumping and countervailing duties imposed by the United States and the European Union. This practice, often referred to as circumvention, aims to avoid the higher tariffs placed directly on Chinese goods.
In a notable investigation concluded in 2023, the U.S. Department of Commerce determined that several Chinese companies were indeed engaging in this practice. Consequently, the U.S. has been contemplating new duties to address this issue, which significantly impacts the solar market dynamics and regulatory environment
Meanwhile, in the European Union, a similar dispute led to an agreement where Chinese exporters set a minimum price for their solar panels to mitigate the dumping practices that had harmed European manufacturers. This case highlighted the complexities of international trade regulations and the ongoing challenges in ensuring fair competition.
These cases underscore the importance of vigilance and robust regulatory frameworks to manage international trade effectively and ensure compliance with established standards.
A Dutch company will have suppliers in developing countries that are larger and more complex. How can these companies be expected to get reliable information when definitions and regulations are not aligned? This brings up the question of why importers are held liable rather than exporters. Countries impose import taxes and liabilities for financial gain, creating a system where the private sector must police international goods and production processes.
A balance must be struck between reasonable care and obligations, but this is a subjective concept. Where does reasonable care begin and end? If data provided by suppliers is incorrect, the importer is liable. However, awareness at the top levels of Dutch companies is often lacking, particularly among SMEs. Businesses must prepare and invest in tools and skills to increase transparency in their supply chains. Simply requesting a certificate is no longer sufficient, as certificates from developing countries often require verification. This need for verification places additional pressure on import/export teams, requiring new skills and investments. Having a reliable supplier is not enough anymore; businesses need to ensure their suppliers’ supply chains are also compliant. Companies must work incrementally to improve their supply chains, rather than shutting down relationships. Customs authorities will eventually start verifying this data, so businesses need to be proactive.
Customs could support businesses by sharing more data and information to facilitate better choices. However, privacy rules complicate data exchange, and businesses often lack the necessary information to be proactive. This situation is particularly challenging for SMEs, for whom the new responsibilities may be unworkable.
Liability in the field of origin is a complex issue that threatens the level playing field of European operators, making business operations increasingly unfair. Collecting data is just the first step; businesses also need to analyze, interpret, and identify issues.
Customs can help streamline controls for licensed operators, but unknown traders will continue to cause delays. Businesses need to formally apply for recognized operator licenses, comply with
requirements, and ensure transparency throughout their supply chains. However, even with full transparency, issues can arise, as demonstrated by the solar panel case where parts from China were assembled in Vietnam. Discrepancies in interpretation led to confusion about the origin of the products.
Customs authorities are facing increasing expectations to do more, check more, and automate processes while seeking collaboration to meet these demands. Simply knowing about goods is no longer sufficient; understanding components is crucial. The current rules may not always be helpful, and efforts are being made to simplify them, particularly for e-commerce.
The “Brussels Effect” means that the EU’s higher standards influence global practices, but this can create challenges. The Carbon Border Adjustment Mechanism (CBAM) aims to encourage other countries to adopt carbon reduction measures, but its implementation raises many practical questions. Small companies, in particular, face significant challenges in meeting these requirements.
Overall, the regulatory landscape is creating headaches for businesses, both within the EU and beyond. Regulations need to be fair and coherent, allowing businesses to adapt while keeping the Green Deal’s objectives in mind: facilitating a green transition without undermining the competitiveness of EU businesses.
Our roundtable provided valuable insights and will inform the Global Commission’s advocacy efforts at the WTO, WCO, and other international and European platforms.
Talking Customs with Norbert Kouwenhoven
Norbert Kouwenhoven, Strategy and Innovation Advisor at the Dutch Customs Authority (Douane), answers some of our questions about customs, trade, and the impact of new technologies and regulations.
Can you give us an idea of the current factors affecting the work of the Dutch Customs authorities?
Our job is to oversee the goods coming into Europe via the Dutch border. Another way to look at it is that we safeguard and monitor this border on behalf of the European Union. In doing our job, the most notable aspect is that we are dealing with bigger and bigger volumes of traded goods. This rise in volume is firstly because trade in general is increasing, but also due to increasing e-commerce; more and more people are buying products online. The most challenging form of e-commerce for us at the Dutch Customs is when individuals order things from outside European borders; this is a complex situation.
So is it correct to say that the role of the Dutch Customs authorities evolves with society?
Our job involves the two main tasks of collection and protection; these two tasks are indeed changing.
Collection is the classical task of a customs organisation – the collection of import duties and excise – and this is becoming more and more automated. The protection side of the job is expanding and this is due to the fact that the demands of society are increasing. This means that there are around 150 regulatory checks that have to be carried out with imported goods. These checks look at a wide range of subjects: the presence of toxic lead paint in toys, whether products have been produced by child labour, or if what is labelled as cow meat isn’t actually horse meat. 150 checks per customs inspection: that’s a lot. How do you keep the trade moving?
We don’t want to cause any delays in the harbours or at Schiphol airport so we do as much of our work as possible away from the border. This can be done by doing all the checks and paperwork beforehand. Or we can check goods after they have entered the border, at the storage facilities of the importer, for instance. As much as possible, we try to facilitate the logistic flow during our customs operations.
What new technologies play a part in this?
We work a lot with data to gain transparency in the supply chain about a whole range of subjects: what the product is, about its production process, and how has it been transported. Fortunately the supply chain itself is also becoming more data-driven, nowadays companies have automated systems that generate the entire data chain from point of origin to destination. Our work also involves Artificial Intelligence. One example of this is to analyse x-ray photos of containers; using machine learning, we can automate this process.
How do you see customs processes changing in the future?
As the Dutch Customs authority, we follow European laws. And in the next ten years, we are going to see a move away from the current situation where European law says that you have to have trade documentation for every single packet entering the European Union. We are going towards a system where Customs authorities can collect data themselves, moving from a ‘push’ to a ‘pull’ situation. It’s similar to when you fill in your Dutch tax return; the Dutch tax authority has already collected a lot of the data for you. This will represent the change from the AEO [authorized economic operator] system that we now have in Europe towards a ‘trust and check’ system. This will be a new way of thinking.
What advice do you have for companies – for ICC members – to adapt to this new way of thinking?
Our advice is to ensure that your administration is in order. If you know what products you have purchased, from whom, how these have been produced, how these have been transported, and what you have sold to whom, then you have all the data you need to be prepared for any upcoming reporting for new customs regulations. It’s about being in control of your business.
And how will the Dutch Customs authority deal with the changes?
The Netherlands is a trading nation and we will try to keep the efficient flow of goods in our harbours and airports. To achieve this, we will do our best to stay connected to companies in a facilitatory role. We are very proud of our high level of facilitatory spirit here in the Netherlands; we would like to maintain this with our motto of ‘smooth logistics and smart enforcement’.
Highlights from the ICC Netherlands General Assembly
On May 31, 2024, ICC Netherlands held its General Assembly, covering significant updates and decisions that will shape our future direction. Prior to the General Assembly, participants had the opportunity to gain insights into Siemens’ sustainability impact across its value chain during a visit to the Digital Experience Center. This visit provided a glimpse into how Siemens integrates sustainability into its operations and showcased innovative technologies that support sustainable practices.
Round Table on Sustainability and International Trade
Following this visit, a round table discussion was held, marking the launch of the ICC Netherlands Sustainability Commission. The session featured a robust dialogue on sustainability challenges and opportunities, uniting the financial, corporate, and legal sectors to craft a strong agenda for international discussions.
With insights from Raelene Martin, head of Sustainability at the International Chamber of Commerce, we discussed the importance of a business perspective in climate negotiations, with real-life insights from multinational and MSME representatives. There is a clear need for cross-sector collaboration to address sustainability issues, including trade finance and economic growth.
Challenges for Sustainable Trade
During the round table discussion, several challenges for sustainable trade were identified:
• Supply Chain Complexities: Managing the intricate and multifaceted nature of global supply chains.
• Harmonization of Terminology: The need for consistent ESG terminology across borders to facilitate clearer communication and understanding.
• Navigating Grey Areas: Addressing the ambiguities in sustainability standards, which vary significantly across different jurisdictions.
• Framework Coherence: The lack of coherence between various frameworks such as CBAM, Deforestation policies, CSRD, and CSDDD, which currently focus heavily on reporting requirements.
• Quality Legislation Issues: Unanticipated impacts and challenges in implementing legislation, including interpreting what the legislation actually mandates.
• Beyond Compliance: The necessity to move from a compliance-focused approach to one that genuinely improves sustainability practices.
• Evolving Role of Compliance: Particularly within banks, the role of compliance is expanding to encompass all ESG considerations.
• Data Management: The importance of not just collecting data but effectively interpreting and utilizing it.
• Pressure on the Financial Sector: The growing pressure from regulator on the financial sector to lead sustainability efforts, which is creating tension between corporates and financial institutions.
• Need for Clarity: The necessity for clear guidance and support from the government to ensure a level playing field for Dutch and European businesses.
• Government Follow-Through: The critical need for the government to follow through on policy implementation rather than leaving it to corporates, financial institutions, and legal entities to sort out.
General Assembly
The General Assembly provided a platform for reflecting on the past year’s activities and setting the direction for the future. Key focus areas for 2024 were identified, ensuring that ICC Netherlands remains relevant to its members.
Key Focus Areas for 2024 and Beyond
As we look ahead to 2024 and beyond, ICC Netherlands is committed to enhancing its impact and effectiveness through a clear set of strategic priorities. Here are the key focus areas that will guide our efforts:
• House in order: ensure administration of ICC is up to date and that members are informed timely of latest policy developments.
• Communication and Marketing Strategies: Strengthening our outreach and engagement through improved communication channels and marketing efforts.
• Broadening Strategic Focus: Expanding our work in international trade, digitalisation, sustainability, and arbitration to address emerging challenges and opportunities.
• Strengthening Partnerships: Building robust collaborations with various sectors to drive impactful initiatives.
Upcoming Activities Q3/4 2024
We have a robust lineup of events and activities planned for the latter part areas of international trade, sustainability, and dispute resolution.
September 2
Navigating ESG Compliance
This event will delve into the complexities of ESG compliance, focusing on understanding the CSRD, CSDDD, and climate change litigation risks. It will provide crucial insights for businesses navigating the evolving regulatory landscape.
September
September
Mediation Webinar
Join us for an international, cross-border mediation webinar, where experts from the UK, Singapore, and the Netherlands will discuss the importance of mediation, how it works, preparation tips, and when to choose mediation. This event is in cooperation with De Brauw.
Launch of the ICC Marketing Code
This event will focus on new regulations around marketing in the EU and the Netherlands. Topics will include trends in litigation and claims, and strategies for crossborder marketing and advertising.
September 26
October Arbitration & Resolution Forum
Targeted at corporate professionals, this address the evolving of disputes. It will discussion on “The a Dispute” and with the newly President of the
Partner Meeting - Week of Integrity
This meeting will introduce the Week of Integrity, explore the theme for this year, and discover the planned activities of our partners. It is an excellent opportunity to align our efforts and ensure a cohesive approach to promoting integrity.
part of the year, aiming to engage our members and promote our key focus
Dispute Forum
corporate legal this forum will evolving landscape will feature a panel “The Lifecycle of and a conversation nominated Vice the ICC Court.
November
Dutch Arbitration Forum
Join us for the Dutch Arbitration Forum, which will bring together in-house counsels and law firms to discuss critical topics in arbitration and dispute resolution. This forum aims to provide practical insights and foster a collaborative environment for addressing common challenges.
October 23
Roundtable - Strengthening ESG Compliance through Cross-Sector Collaboration
As the ESG regulatory landscape evolves, this roundtable will explore how the financial and corporate sectors can support each other in strengthening their ESG efforts. Discussions will cover chain responsibility, engaging NGOs in ESG responsibilities, and the role of the compliance function.
December 9-13
February 16, 2025
Mediation Training
A half-day training session on mediation, designed for inhouse counsels. This training will cover how mediation works, the different styles of mediation, the theory behind it, and the additional value of mediation in arbitration. This event is in partnership with Houthoff.
ICC International Integrity Conference & Week of Integrity
A week-long series of events culminating in the main conference on December 13, focusing on “Integrity in Sustainability.” The week will include a variety of activities designed to promote ethical practices and foster collaboration among our members.
Q2 Policy Update
Welcome to our Q2 policy update, where we highlight recent leadership appointments, forthcoming product launches, and various engagement opportunities.
New Leadership Appointments
We are delighted to announce the appointment of two new commission chairs:
• Environment and Energy: Rob Cameron (Global Head of ESG Engagement, Nestle –Switzerland)
Forthcoming Product Launches
• Advertising and Marketing: The comprehensive update of ICC’s flagship selfregulatory code was approved by the Executive Board early June. We are working towards a September launch of the new code, backed by a major outreach campaign. In Netherland, we will held a dedicated event for this launch, focusing on crossboarder regulation around marketing and advertising. The code will also be translated into Dutch language to facilitate its assimilation.
• Antitrust Compliance: We are finalizing a significant revision of the ICC Antitrust Compliance Toolkit, a practical guide for SMEs and larger companies aiming to build or reinforce robust compliance programs.
Customs
We are currently preparing a technical submission to the World Customs Organization on the classification of smart devices. Please get in touch if you have members who might be interested in providing input to this paper.
Competition
We are establishing a new task force to explore antitrust challenges affecting small and insular territories – and, moreover, how they correspond to those faced by larger economies. The group will be configured as a public-private initiative – allowing us to draw on the experience of regulators from these specific jurisdictions. Let us know if you’d like further details or have members who might be interested in participating in this work.
Intellectual Property
ICC will lead the business delegation at the 2024 WIPO Assemblies in mid-July, including hosting an official side event with a keynote speaker from the U.S. Copyright Office. Contact Danny Grajales to register for this event.
Net-Zero Pledges
The UN climate process advisory group has published its recommendations on enhancing the transparency and accountability of net-zero commitments from businesses and non-state actors. We will consult with members on responding to these new recommendations. Let us know if you’d like to get involved.
Green Claims
We have submitted representations to European governments to reconsider EU Commission proposals requiring ex-ante verification of environmental marketing claims. This requirement could create significant costs and administrative burdens for businesses. Please Georgiana Degeratu if you are interested in engaging in this effort.
Plastics Pollution
The fourth round of negotiations on a global plastics treaty proved challenging, with clear divisions between countries advocating for ambitious measures and those favoring effective waste management. Despite difficulties, there remains cautious optimism for progress ahead of the final negotiating round in Busan in November. Please contact Raelene Martin for more information.
Tax Cooperation
The first session of negotiations on a possible framework convention on taxation saw significant engagement from civil society groups and developing countries’ reluctance to align with the OECD’s tax solutions. We aim to increase business representation at the next session in late July. Contact Luisa Scarcella if you are interested in joining the ICC delegation or contributing to the drafting process.
EU Tax Reform
The proposed package to modernize the EU’s value-added tax regime, particularly in e-invoicing and e-reporting, faced last-minute objections. Negotiations are ongoing to reach a compromise.
E-Commerce
Despite initial optimism, the WTO’s plurilateral e-commerce negotiations have stalled due to unexpected national security provisions. We are working with delegations to break this impasse and secure a trade-enhancing deal. Contact Valerie Picard for further information.
Digital Cooperation
Negotiations on the Global Digital Compact are intensifying. We held two roundtable sessions with member state delegations to discuss key objectives. Please get in touch if you’d like to learn more about this agenda.
