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12 Rev. Bras. Arb. 230 (2015)
Nota ao Artigo the Court of Arbitration: Outline of Its Challenges from Inception to the Present Day

handle is hein.kluwer/rvbrasarb0012 and id is 1020 raw text is: Frederic Eisemann will be remembered forever for coining the term pathological clauses ( clauses d'arbitrage pathologiques) to describe clauses which contain defects liable to disrupt the arbitration process. He used it for the first time in a 1974 article2, and the expression subsequently became one of the most popular in international arbitration jargon. Yet the man's role and contribution to the evolution of international arbitration go well beyond the invention of this expression. Frederic Eisemann was Secretary General of the ICC Court of Arbitration (later renamed the International Court of Arbitration) for no less than 26 years, between 1947 and 1973. This is tantamount to saying he took the reins of the Secretariat in the Middle Age and ferried it over to contemporary times. The article published here captures the transformation of the Court from the original idea of the ICC's founding fathers in the '20s to what it had become in the '80s, i.e. the natural forum for resolving international commercial disputes. Eisemann's article was written to celebrate the Court's 6 0h anniversary. It was only a couple of years ago that the Court blew out 90 candles. The evolution of ICC arbitration in the 30 years following the article's publication has been impressive, especially in terms of caseload3 and geographic diversity. To mention but a few significant figures, fewer than 300 new cases were registered by the Court in 1984; this number rose to an average of 800 in the last few years. At the time Eisemann wrote his article, and only 15 years before Singapore entered the list of the top five ICC places of arbitration, not a single ICC arbitration was based in South-East Asia. More than 10% of all ICC arbitrations are now seated in that region. In the last thirty years, the percentage of parties from Northern and Western Europe involved in ICC arbitrations has dropped from almost 60% to less than 30%. It is fair to say, however, that this evolution did not change the nature or essential characteristics of international arbitration (and more particularly of ICC arbitration) as it had taken shape in the previous 30 years, i.e. in what can be defined as the Eisemann era. Having taken up functions as Secretary General 1 Publicado originalmente em 60 years of ICC Arbitration (ICC Publishing 1984), ICC Publication n. 412. Reproduzido aqui corn a autorizagao da ICC Publishing em 2015. 2 F. Eisemann, La clause d'arbitrage pathologique, in CommercialArbitration: Essays in Memoriam Eugenio Minoli, Torino, 1974, p. 129. 3 Fewer than 1,000 cases were registered in the first 30 years of the Court's existence. The number rose to approximately 5,000 after 60 years (when Eisemann wrote this article). In January 2013, when it celebrated its 901 anniversary, the Court registered its 20,000th case.

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