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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When arbitrations are consolidated, they shall be consolidated into the arbitragion that commenced first, unless otherwise agreed by all parties or the consolidation arbitrator finds otherwise. Emergency Measures of Protection 1.
ICDR Arbitration Rules
Scope of These Rules Article 2: 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. When parties agree to arbitrate under these Rules, or when they provide for arbittation of an international dispute by the ICDR or the AAA without designating particular rules, they thereby authorize the ICDR to administer the arbitration.
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 arbifration made. 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. 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 or vacate the interim award or order.
The notice shall be submitted concurrent with or following the submission of a Notice of Arbitration. 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 Administrator shall notify the parties in writing of its intention to appoint a consolidation arbitrator and invite the parties to agree arbirration a procedure for the appointment of a consolidation arbitrator.
Scope of These Rules 1.
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.
International Arbitration Network and Resources. Answer and Counterclaim 1. The consolidation arbitrator may order idr any or all arbitrations subject to potential consolidation be stayed pending a ruling on a request for consolidation. Administrative Conference Article 5: Any such measures may take the form of an interim award or of an order. 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.
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 provisions of Articles of these Rules shall apply to the appointment of the consolidation arbitrator. Unless otherwise agreed by the parties or aritration 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.
If the last day of such period is an official holiday at the place received, the period is extended until the first business day that follows. 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 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 emergency arbitrator may not serve as a member of the tribunal unless the parties agree otherwise.
ICDR Arbitration: A Step-by-Step Guide
Any interim award or order of emergency relief may be conditioned on provision of appropriate security by the party seeking such relief.
The emergency arbitrator shall give reasons in either case. 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. A party wishing to join an additional party to the arbitration shall submit to the Administrator a Notice of Arbitration against the additional party.
Absent the agreement of all parties, the consolidation arbitrator shall not be appointed in the consolidated proceeding. 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.
The parties may also agree to use the International Expedited Procedures in other cases.
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.
Failure of Respondent to submit an Answer shall not preclude the wrbitration from proceeding. The Notice of Arbitration shall contain the following information: A party may apply for emergency relief before the constitution of the arbitral tribunal by submitting a written notice to the Administrator and to rulles 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.
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:.
Any joinder shall be subject to the provisions of Articles 12 and The arbitral tribunal, or the Administrator if the tribunal has not yet been arbltration, may extend any of the time limits established in this Article if it considers such an afbitration justified.
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.
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 additional party shall submit an Answer in accordance with the provisions of Article 3. Respondent shall within 30 days after the commencement of the arbitration submit to Claimant, to atbitration other parties, and to the Administrator rues 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, rrules language s of the arbitration, and any interest in mediating the dispute.
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 arbotration ICDR, into a single arbitration where: Any interim award or order shall have the same effect as an interim measure made pursuant to Dules 24 and shall be binding on the parties when rendered.
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. Answer and Counterclaim Article rulfs The parties shall undertake to comply with such an interim award or order without delay. Official holidays occurring during the running of the period of time are included in calculating the period.
ICDR Arbitration: A Step-by-Step Guide | Practical Law
Within one business day of receipt of the notice as provided in Article 6 1 zrbitration, the Administrator shall appoint a single emergency arbitrator. 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.
Emergency Measures of Protection Article 7: Notice of Arbitration 1.