Unsurprisingly, TOR could become a defence of one party when the other party challenges an award on grounds beyond the scope of the arbitration agreement, as an arbitral award can be cross-referenced with the issues identified in a signed TOR. The TOR also allows parties to clarify procedural issues by raising concerns and resolving challenges in a timely manner. The TOR reduces procedural repetition by clarifying claims and enabling the respondent to prepare a more focused defence. Defining claims and counterclaims through TOR promotes the efficient conduct of procedural matters. Pros and cons of TORĭefining claims and issues at an early stage of arbitral proceedings. The content of the TOR includes the address and contact information of the parties and their representatives, a summary of claims and the relief sought, a list of issues to be determined, the contact information of arbitrators, the place of arbitration, and applicable procedural rules. Under the ICC rules, the drafting of the TOR used to lie with the institution, and has now become a task for arbitral tribunals. The original intention of the TOR was to fulfil the demands of countries such as France, which only recognize arbitration agreements reached after the actual occurrence of a dispute. The TOR was at least explicitly enshrined in the 1927 ICC Rules of Arbitration, and remains in practice today. The Terms of Reference (TOR) is a documentary framework initially formulated by the International Court of Arbitration of the International Chamber of Commerce (ICC Court).
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