ICDR ARBITRATION RULES PDF
Article E Appointment and Qualifications of the Arbitrator . For further information about these Rules, visit the ICDR website at or call +1. The ICDR Rules of Arbitration (“ICDR Arbitration Rules”), which may be downloaded below, are applied in arbitral proceedings when Parties. International Arbitration. Network and Resources. ICDR Arbitration Rules. ICDR Arbitration Rules. Read more. THE TRIBUNAL. Read more. GENERAL.
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ICDR Arbitration Rules
Within 30 days after the commencement of the arbitration, Respondent shall submit to Claimant, to any other parties, and to the Administrator a written Answer to the Notice of Arbitration. In arbitrations with multiple parties, Respondent may make claims or assert setoffs against another Respondent and Claimant may make claims or assert setoffs against another Claimant in accordance with the provisions of this Article 3.
The emergency arbitrator shall have the power to order or award any interim or conservancy measures that the emergency arbitrator deems necessary, including injunctive relief and measures for the protection or conservation of property. These Rules govern the arbitration, except that, where any such rule is in conflict with any provision of the law applicable to the arbitration from which the parties cannot derogate, that provision shall prevail.
Administrative Conference Article 5: The parties shall undertake to comply with such an interim award or order without delay.
Respondent shall within 30 days after the commencement of the arbitration submit to Claimant, to any other parties, and to the Administrator arbitratjon response to any proposals by Claimant not previously agreed upon, or submit its own proposals, consistent with any prior agreement between or among the parties, as to the means of designating the arbitrators, the number of arbitrators, the place of the arbitration, the language s arbitratoon the arbitration, and any interest in mediating the dispute.
Emergency Measures of Protection Article 7: At the request of a party, the Administrator may appoint a consolidation arbitrator, who will have the power to consolidate two or more arbitrations pending under these Rules, or these and other arbitration rules administered by the AAA or ICDR, into a single icrr where: The emergency arbitrator shall have no further power to act after the arbitral tribunal is constituted.
Unless idr agreed by the parties or ordered by the arbitral tribunal, all notices and written communications may be transmitted by any means of communication that allows for a record of its transmission including mail, courier, fax, or other written forms of electronic communication addressed to the party or its representative at its last- known address, or by personal service.
Any joinder shall be icdg to the provisions of Articles 12 and Any interim award or order shall have the same effect as an interim measure made pursuant to Article 24 and shall be binding on the parties when rendered. Absent the agreement of all parties, the consolidation arbitrator rkles not be appointed in the consolidated proceeding.
The date on which such Notice of Arbitration is received by the Administrator shall be deemed to be the date of the commencement of arbitration against the additional party.
The party wishing to join the additional party shall, at that same time, submit the Notice of Arbitration to the additional party and all other parties.
The Notice of Arbitration shall be accompanied by the appropriate filing fee. A party wishing arbitratin join an additional party to the arbitration shall submit to the Administrator a Notice of Arbitration against the additional party.
At the request of a party, the Administrator may appoint a consolidation arbitrator, who will have the power to consolidate two or more arbitrations pending under these Rules, or these and other arbitration rules administered by the AAA or ICDR, into a single arbitration where:. The costs associated with applications for emergency relief shall be addressed by the emergency arbitrator, subject to the power of the arbitral tribunal to determine finally the allocation of such costs. In deciding whether to consolidate, the consolidation arbitrator shall consult the parties and may consult the arbitral tribunal s and may take into account all relevant circumstances, including: The consolidation arbitrator may revoke the appointment of any arbitrators and may select one of the previously-appointed tribunals to serve in the consolidated proceeding.
A request for interim measures addressed by a party to a judicial authority shall not be deemed incompatible with this Article 6 arbitratio with the agreement to arbitrate or a waiver of the right to icdf. Failure of Respondent to submit an Answer shall not preclude the arbitration from proceeding. Notice of Arbitration Article 3: International Arbitration Network and Resources.
ICDR Arbitration Rules
Any interim award or order of emergency relief may be conditioned on provision arbitraton appropriate security by the party seeking such relief. A party may not amend or supplement a claim or counterclaim if the amendment or supplement would fall outside the scope of the agreement to arbitrate.
Unless the parties agree otherwise, the mediation shall proceed concurrently with arbitration and the mediator shall not be an arbitrator appointed to the case.
The request for joinder shall contain the same information required of a Notice of Arbitration under Article 2 3 and shall be accompanied by the appropriate filing fee.
Scope of These Rules Article 2: The emergency arbitrator shall give reasons in either case. If the last day of arbitrtion period is an official holiday at the place received, the period is extended until the first business day that follows. The emergency arbitrator may modify or vacate the interim award or order.
A consolidation arbitrator shall be appointed as follows: The consolidation arbitrator may order that any or all arbitrations subject to potential consolidation be stayed pending a ruling on a request for consolidation. The additional party may make claims, counterclaims, or assert setoffs against any other party in accordance with the provisions of Article 3.
At the time Respondent submits its Answer, Respondent may make any counterclaims covered by the agreement to arbitrate or assert any setoffs and Claimant arbbitration within 30 days submit to Respondent, to any other parties, and to the Administrator a written Answer to the counterclaim or setoffs.
Emergency Measures of Protection 1. Absent the agreement of all parties, the consolidation arbitrator shall not be an arbitrator who is appointed to any pending arbitration subject to potential consolidation under this Article. A counterclaim or setoff shall contain the same information required of a Notice of Arbitration under Article 2 3 and shall be accompanied by the appropriate filing fee.
The provisions of Articles of these Rules shall apply to the appointment of the consolidation arbitrator. No additional party may be joined after the appointment of any arbitrator, unless all parties, including the additional party, otherwise agree. The Notice of Arbitration shall contain the following information: Any such measures may take the form of an interim award or of an order.
Once the tribunal has been constituted, the tribunal may reconsider, modify, or vacate the interim award or order of emergency relief issued by the emergency arbitrator. Where the consolidation arbitrator decides to consolidate an arbitration with one or more other arbitrations, each party in those arbitrations shall be deemed to have waived its right to appoint an arbitrator.
Official holidays occurring during the running of the period of time are included in calculating the period. For the purpose of calculating a period of time under these Rules, such period shall begin to run on the day following the day when a notice is made.
ICDR Arbitration: A Step-by-Step Guide | Practical Law
The International Expedited Procedures shall be applied arbitraion described in Articles E-1 through E of these Rules, in addition to any other portion of these Rules that is not in conflict with the Expedited Procedures. Any challenge to the appointment of the emergency arbitrator must be made within one business day of the communication by the Administrator to the parties of the appointment of rkles emergency arbitrator and the circumstances disclosed.
If the parties have not within 15 days of such notice agreed upon a rule for appointment of a consolidation arbitrator, the Administrator shall appoint the consolidation arbitrator. The Administrator shall, as necessary, complete the appointment of the tribunal in the consolidated proceeding.
Such schedule shall provide a reasonable opportunity to all parties to be heard and may provide for proceedings by telephone, video, written submissions, or other suitable means, as alternatives to an in-person hearing. Scope of These Rules 1.