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.
|Genre:||Health and Food|
|Published (Last):||20 January 2015|
|PDF File Size:||19.46 Mb|
|ePub File Size:||16.27 Mb|
|Price:||Free* [*Free Regsitration Required]|
Emergency Measures of Protection Article 7: Such notice may be given by 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. The date on which such Notice of Arbitration is received by the Administrator shall be deemed to be the date of rupes commencement of arbitration against the additional party.
Any such measures may take the form of an interim award or of an order. Notice of Arbitration 1.
ICDR Arbitration: A Step-by-Step Guide | Practical Law
Respondent shall within 30 days after the commencement of the arbitration submit to Claimant, to any ru,es 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 rule 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 arbiyration mediating the dispute.
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.
Answer and Counterclaim 1. International Arbitration Network and Resources. The Administrator may conduct an administrative conference before the arbitral tribunal is constituted to facilitate party discussion and agreement on issues such as arbitrator selection, mediating the dispute, process efficiencies, and any other administrative matters.
The additional party may make claims, arbitartion, or assert setoffs against any other party in accordance with the provisions of Article 3.
Answer and Counterclaim Article 4: Emergency Measures of Protection 1. 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 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.
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. 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.
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. The consolidation arbitrator may revoke the appointment of any arbitrators and may select one of icde previously-appointed tribunals to serve in the consolidated proceeding.
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: When parties agree to arbitrate under these Rules, or when they provide for arbitration of an international dispute by the ICDR or the Arbitratiin without designating particular rules, they thereby rulew the ICDR to administer the arbitration.
Within one business day of receipt of the notice as provided in Article 6 1the Administrator shall appoint a single emergency arbitrator. 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 abitration disclosed. A party may apply for emergency relief before the constitution of the arbitral tribunal by submitting a written notice arbotration 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 costs associated with applications for emergency relief shall be addressed by the emergency arbitrator, subject to the power of the arbitral tribunal to arbittation finally the arrbitration of such costs.
The provisions of Articles of these Rules shall apply rulez the appointment of the consolidation arbitrator.
ICDR Arbitration Rules
The Administrator shall, as necessary, complete the appointment of the tribunal in the consolidated proceeding. Administrative Conference Article 5: 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.
Any joinder shall be subject to the provisions of Articles 12 and Scope of These Rules 1. 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 Arbirration 3. Notice of Arbitration Article 3: Failure of Respondent to submit an Answer shall not preclude the arbitration from proceeding.
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. The notice shall be submitted concurrent with or following the submission of a Notice of Arbitration.
The Administrator icdt notify the parties in writing of its intention to appoint a consolidation arbitrator and invite the parties to agree upon a procedure for the appointment of a consolidation arbitrator. No additional party may be joined after the appointment of any arbitrator, unless all parties, including the additional party, otherwise agree.
ICDR Arbitration Rules – International Arbitration
Scope of These Rules Article 2: The emergency arbitrator shall give reasons in either case. The consolidation arbitrator may order that any or all arbitrations subject to potential consolidation be stayed pending a ruling on a request for consolidation. Unless the parties agree otherwise, the mediation shall proceed concurrently with arbitration and the mediator shall not be an arbitrator appointed to the case.
Absent the agreement of all parties, the consolidation arbitrator shall not be appointed in the consolidated proceeding. When arbitrations are consolidated, they shall be consolidated abitration the arbitration that commenced first, unless otherwise agreed by all parties or the consolidation arbitrator finds otherwise.
The parties may also agree to use the International Expedited Procedures in other cases.
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.
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. Administrative Conference The Administrator may conduct an administrative conference before the arbitral tribunal is constituted to facilitate party discussion and agreement on issues such as arbitrator selection, mediating the dispute, process efficiencies, and any other administrative matters.
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.
The International Expedited Procedures shall be applied as 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. The parties shall undertake to comply with such an interim award or order without delay.
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: