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 – International Arbitration
The Notice of Arbitration shall be accompanied by the appropriate filing fee. 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 emergency relief. 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.
Unless otherwise 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.
Unless the parties agree otherwise, the mediation shall proceed concurrently with arbitration and the mediator shall not be an arbitrator appointed to the case.
A consolidation arbitrator shall be appointed as follows: The emergency arbitrator shall have no further power to act after the arbitral tribunal is constituted. 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 sought, the reasons why such relief is required on an emergency basis, and the reasons why the party is entitled to such relief.
The provisions of Articles of these Rules shall apply to the appointment of the consolidation arbitrator. The additional party shall submit an Answer in accordance with the provisions of Article 3.
When arbitrations are consolidated, they shall be consolidated into the arbitration that commenced first, unless otherwise agreed by all parties or the consolidation arbitrator finds otherwise.
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. 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.
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.
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 Notice of Arbitration shall contain the following information: Any joinder shall be subject to the provisions of Articles 12 and In deciding whether to consolidate, the consolidation arbitrator shall consult the parties and may consult the arbitral tribunal s ucdr may take into account all relevant circumstances, including: The costs associated with icrd 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.
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 Arbitrtaion 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.
Administrative Conference The Administrator may conduct an administrative conference before the arbitral tribunal is constituted to facilitate party arbitrahion and agreement on issues such as arbitrator selection, mediating the dispute, process efficiencies, and any other administrative matters.
Failure of Respondent to submit an Answer shall not preclude the arbitration from proceeding. 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.
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.
Any interim award or order of emergency relief may be conditioned on provision of appropriate security by the party seeking such relief. 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.
ICDR Arbitration: A Step-by-Step Guide
The notice shall be submitted concurrent with or following the submission of a Notice of Arbitration. At the time Respondent submits its Answer, Respondent may make any counterclaims covered by the agreement to arbitrate or assert 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.
Such notice may be given iccr email, or as otherwise permitted by Article 10, and must include a statement certifying that all parties have been notified or an explanation of the steps taken in good faith to notify all parties.
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.
The arbitration shall be deemed to commence on the date on which the Administrator receives the Notice of Arbitration. The date icfr 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. Absent the agreement of all parties, the consolidation arbitrator shall not be appointed in the consolidated proceeding.
The International Expedited Procedures shall be applied as described in Articles E-1 through E of these Rules, in addition to any other portion rulew 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 the emergency arbitrator and the circumstances disclosed.
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 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.
The Administrator shall, as necessary, complete the appointment of the tribunal in the consolidated proceeding. The parties may also agree to use the International Expedited Procedures in other cases.