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Miami Partner Pedro J. Martinez-Fraga was quoted Sept. 6 in Law360 concerning several must-know points about ICC arbitration. Among the highlights, ICC awards are subject to internal scrutiny, the ICC appoints the tribunal chair, the fee structure is different, and the terms of reference can be important. The ICC rules state that this scrutiny will not affect the tribunal's "liberty of decision," but ultimately, no award can be issued by the tribunal until it has been approved by the court. Considering whether you want such oversight to a proceeding — or whether you prefer more party autonomy — may be an important factor in whether a party opts for ICC arbitration, Martinez-Fraga noted. "As a strategist or as a party, do you want a situation where you prefer for that arbitral panel not to have to interact or interface with a detached body that was not present at the hearings, that only knows the arguments in writing or second hand ... telling you how the award should look, what needs clarification, what needs to be explained, what should not be explained," he said. "You may say, no, I don't want that, the only thing I want is an institution that will administer the case."