A Guide to the ICDR International Arbitration Rules

Autorentext

Martin F. Gusy's practice focuses on international commercial and investment treaty arbitration. Martin has represented parties in more than 100 international arbitrations under all major arbitration rules for over 25 years and served as arbitrator in 40 international and US domestic arbitrations. A native German, US/German dual-licensed Attorney-at-Law and Rechtsanwalt, Martin holds civil and common law degrees from the Johannes Gutenberg-Universität Mainz and Cornell Law School. He has been involved with the AAA/ICDR for two decades. Martin received the American Arbitration Association's Distinguished Service Award in recognition of his distinguished service and support of international arbitration and mediation in 2007, joined the AAA/ICDR International Roster of Arbitrators and Mediators in 2010, was involved in the ICDR Rules revisions, and serves on the ICDR Publications Committee and the AAA Large Complex Case Committee. James M. Hosking's practice focuses primarily on international commercial arbitration and investment treaty arbitration. A co-founding partner of Chaffetz Lindsey, he leads the international arbitration team. In his 30-year career, he has handled business disputes under the rules of all the world's leading international arbitration institutions and regularly writes and lectures on arbitration issues. James has appeared in more than 150 arbitrations and sat in approximately 60 cases, many under the ICDR Rules. A former co-chair of ICDR Y&I (for which he received a 2007 Distinguished Service Award from the AAA), he sits on the ICDR Publications Committee, and was involved in the 2014 and 2021 amendments to the ICDR Rules. Gretta L. Walters is a Partner at Chaffetz Lindsey whose experience as arbitrator and counsel spans a wide range of commercial and investment disputes under numerous institutional rules, including the ICDR Rules, across industries such as construction, energy, telecommunications, aerospace, shipping, and healthcare. She has sat in more than 20 arbitrations-as chair, sole arbitrator, co-arbitrator, and emergency arbitrator-and is an adjunct professor at NYU School of Law and current chair of the New York City Bar Association's Arbitration Committee. She serves on the ICDR Council and is a member of the ICDR Publications Committee that contributed to the 2021 amendments to the ICDR Rules.

Klappentext

The International Centre for Dispute Resolution (ICDR) is the international division of the American Arbitration Association (AAA), and administers in excess of 800 arbitrations annually. This volume, providing an article-by-article commentary on the ICDR International Arbitration Rules, is a comprehensive reference work for counsel, arbitrators, and in-house lawyers engaged in ICDR arbitration. The third edition is fully revised to reflect all changes and updates to the Rules since the second edition was published in 2019. Like the ICDR International Arbitration Rules themselves, the book is organized to mirror the life cycle of an international arbitration, and provides clear, in-depth, and practical commentary on each Article, including the Expedited Procedure Articles. The analysis offers extensive cross-referencing to help practitioners navigate the interrelationship among provisions and anticipate procedural and strategic issues common in ICDR proceedings. Appendices feature a comparison of the most recent amendments to the ICDR Rules as well as compilation of relevant online resources. Drawing also on the insight of senior ICDR management and enriched by case law from the United States and a wide range of foreign jurisdictions, the authors combine authoritative research with their substantial practical experience to deliver an indispensable resource. For the first time, the third edition incorporates analysis informed by newly available electronic databases compiling significant ICDR and AAA awards and decisions. Comprehensive, practical, and fully updated, A Guide to the ICDR International Arbitration Rules remains the leading commentary on these globally influential rules.

Inhalt

• Introduction to ICDR Arbitration
• 1. Article 1-Scope of these Rules
• 2. Article 2-Notice of Arbitration and Statement of Claim
• 3. Article 3-Answer and Counterclaim
• 4. Article 4-Administrative Conference
• 5. Article 5-International Administrative Review Council
• 6. Article 6-Mediation
• 7. Article 7-Emergency Measures of Protection
• 8. Article 8-Joinder
• 9. Article 9-Consolidation
• 10. Article 10-Amendment or Supplement of Claim, Counterclaim, or Defense
• 11. Article 11-Notices
• 12. Article 12-Number of Arbitrators
• 13. Article 13-Appointment of Arbitrators
• 14. Article 14-Impartiality and Independence of Arbitrator
• 15. Article 15- Challenge of an Arbitrator
• 16. Article 16-Replacement of an Arbitrator
• 17. Article 17- Arbitral Tribunal Secretary
• 18. Article 18-Party Representation
• 19. Article 19-Place of Arbitration
• 20. Article 20-Language
• 21. Article 21-Arbitral Jurisdiction
• 22. Article 22-Conduct of Proceedings
• 23. Article 23-Early Disposition
• 24. Article 24-Exchange of Information
• 25. Article 25-Privilege
• 26. Article 26-Hearing
• 27. Article 27-Interim Measures
• 28. Article 28-Tribunal-Appointed Expert
• 29. Article 29-Default
• 30. Article 30-Closure of Hearing
• 31. Article 31-Waiver
• 32. Article 32-Awards, Orders, Decisions, and Rulings
• 33. Article 33-Time, Form, and Effect of the Award
• 34. Article 34-Applicable Laws and Remedies
• 35. Article 35-Settlement or Other Reasons for Termination
• 36. Article 36-Interpretation and Correction of the Award
• 37. Article 37-Costs
• 38. Article 38-Fees and Expenses of Arbitral Tribunal
• 39. Article 39-Deposits
• 40. Articles 40-Confidentiality
• 41. Article 41-Exclusion of Liability
• 42. Article 42-Interpretation of Rules
• 43. Article E-1-Scope of Expedited Procedures
• 44. Articles E-2 to E-5-Commencing a Case Under the Expedited Procedures
• 45. Article E-6-Appointment and Qualifications of the Arbitrator
• 46. Articles E-7 to E-9-The Proceedings Under the Expedited Procedures
• 47. Article E-10-The Award Under the Expedited Procedures
• APPENDICES
• 1. Directory of Primary Resources
• 2. A Comparison of the 2021 ICDR Rules Versus the 2014 ICDR Rules
• 3. AAA Procedures for Cases under the UNCITRAL Arbitration Rules (effective August 1996)