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: A Step-by-Step Guide
Notice of Arbitration Article 3: A party may apply for emergency relief before the constitution of the arbitral tribunal by submitting a written notice to the Administrator and to all other parties setting forth the nature of the relief rhles, the reasons why such relief is required on an emergency basis, and the reasons why the party is entitled to such relief.
For the purpose of calculating a period of time under these Rules, such period shall begin to run on the day following the day icdrr a notice is made. 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. At the time Respondent submits its Answer, Respondent may make any counterclaims covered by the agreement to arbitrate or arbiration any setoffs and Claimant shall within 30 days submit to Respondent, to any other parties, and to the Administrator a written Answer to the counterclaim or setoffs.
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. The Notice of Arbitration shall be accompanied by the appropriate filing fee. The emergency arbitrator may not serve as a member of the tribunal unless the rulrs agree otherwise. Answer and Counterclaim 1. 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 emergency arbitrator may modify arbitratio vacate the interim award or order.
Notice of Icrr 1. The arbitration shall be deemed to commence on the date on which the Administrator receives the Notice of Arbitration. If the parties have not within 15 days of such notice agreed upon a procedure for appointment of a consolidation arbitrator, the Administrator shall appoint the consolidation arbitrator.
ICDR Arbitration Rules
The parties may also agree to use the International Expedited Procedures in other cases. A request for interim measures addressed by a party to a judicial authority shall not be deemed incompatible with this Article 6 or with the agreement to arbitrate or a waiver of the right to arbitrate. The decision as to consolidation, which need not include a statement of reasons, shall be rendered within 15 days of the date for final submissions on consolidation.
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. 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.
Respondent shall within 30 days after the commencement of the arbitration submit to Claimant, to any other parties, and to the Administrator a 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 of the arbitration, and any interest in mediating the dispute.
No additional party may be joined after the appointment of any arbitrator, unless all parties, including the additional party, otherwise agree.
The parties shall undertake to comply with such an interim award or order without delay. Within one business day of receipt of the notice as provided in Article 6 1the Administrator shall appoint a single emergency arbitrator. 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 gules the additional party.
Scope of These Rules Article 2: When arbitrations are consolidated, they shall be consolidated into the arbitration that commenced first, unless otherwise agreed by all parties or the consolidation ryles finds otherwise.
ICDR Arbitration Rules – International Arbitration
Emergency Measures of Protection 1. The consolidation arbitrator may order that any or all arbitrations subject to potential consolidation be stayed pending a dules 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. International Arbitration Network and Resources.
Where the consolidation arbitrator decides to consolidate an arbitration arbitratoin one or more other arbitrations, each party in those arbitrations shall be deemed to have waived its right to appoint an arbitrator. The arbitral tribunal, or the Administrator if the tribunal has not yet been constituted, may extend any of the time limits established in this Article if it considers such an extension justified.
ICDR Arbitration Rules
The emergency arbitrator shall give reasons in either case. Official holidays occurring during the running of the period of time are ixdr in calculating the period.
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. 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 icrd, as alternatives to an in-person hearing. The emergency arbitrator shall as soon as possible, and in any event within two business days of appointment, establish a schedule for consideration of the application for qrbitration relief.
Any interim award or order of emergency relief may be conditioned on provision of appropriate security by the party seeking such relief. Failure of Respondent to submit an Answer shall not preclude the arbitration from proceeding. The provisions of Articles of these Rules shall apply to the appointment of the consolidation arbitrator.
The Notice of Arbitration shall contain the following information: 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. 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 arbitration where: Unless the parties agree otherwise, the mediation shall proceed concurrently with arbitration and the mediator shall not be an arbitrator appointed to the case.
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:. A consolidation arbitrator shall be appointed as follows: When parties agree to arbitrate under these Rules, or when they provide for arbitration of an international dispute by the ICDR or the AAA without designating particular rules, they thereby authorize the ICDR to administer the arbitration.
Upon receipt of the Notice of Arbitration, the Administrator shall communicate with all parties with respect to the arbitration and shall acknowledge the commencement of the arbitration. A party wishing to join an additional party to the arbitration shall submit to the Administrator a Notice of Arbitration against the additional party.