A Guide to the Icdr International Arbitration Rules

This commentary on the International Centre for Dispute Resolution (ICDR) Rules is a comprehensive reference work for practitioners and arbitrators considering ICDR arbitration. The International Centre for Dispute Resolution (ICDR) is the international division of the American Arbitration Association (AAA) and given that an excess of 600 arbitrations are now administered every year under the ICDR Rules, this book answers the need for the first comparative guide devoted to them. The ICDR International Arbitration Rules are structured in accordance with the typical life-cycle of an international arbitration and thus the book follows their thematic structure, providing ample cross-referencing to assist the reader in understanding the relationship between the various rules and genuine issues likely to be encountered during an arbitration. The commentary embraces each of the 37 articles in their entirety and includes discussion of how each provision compares to analogous rules of other major arbitral institutions. The authors draw not only on their own experience, but on caselaw gathered from foreign jurisdictions and from the rich vein of caselaw in the US (applying the ICDR Rules and, where appropriate, analogous provisions of various AAA domestic rules). The work's comparative perspective helps to emphasize key issues to consider when drafting an arbitral clause or strategizing over the conduct of an arbitration. A Guide to the ICDR International Arbitration Rules features multiple appendices and difficult-to-find resources to form a collection of core materials which include the ICDR Rules, the administrative fee schedule, guidelines for exchanges of information, practice notes and key AAA cooperation agreements with other institutions. Together, Gusy, Hosking and Schwarz form a strong author team of practitioners whose combined experience includes having co-chaired the ICDR's young Practitioner's group, collaborated with the ICDR and interviewed key ICDR senior management members.

Martin F. Gusy's practice focuses on international commercial and investment treaty arbitration under all major arbitration rules. Mr. Gusy has represented parties in about 40 international arbitrations and served as arbitrator in international and U.S. domestic arbitrations. He also practices international and U.S. domestic commercial litigation. A native German, U.S./German dual licensed Attorney at Law and Rechtsanwalt, Mr. Gusy holds civil and common law degrees from the Johannes Gutenberg-Universitat Mainz and Cornell Law School. The founder and past co-chair of ICDR Y&I, Mr. Gusy received the American Arbitration Association's Distinguished Service Award in recognition of his distinguished service and support of international arbitration and mediation in 2007.

James M. Hosking is a partner in the New York dispute resolution boutique Chaffetz Lindsey LLP. His practice focuses primarily on international commercial arbitration and investment treaty arbitration. Mr Hosking has handled business disputes under the rules of all the world's leading international arbitration institutions. James regularly writes and lectures on arbitration issues. He was previously the New Zealand delegate to the UNCITRAL Working Group on international commercial arbitration, was co-chair of the ICDR young practitioners group and received a 2007 Distinguished Service Award from the AAA. Mr Hosking holds B.A. and LL.B. (with honors) degrees from the University of Auckland and an LL.M. from Harvard Law School. He is admitted to the New York Bar and previously practiced in New Zealand.

Franz T. Schwarz is a member of Wilmer Hale's International Arbitration Group and has been involved in more than sixty international arbitrations as arbitrator or counsel. Mr. Schwarz teaches international arbitration at Zurich University and frequently speaks and publishes on topical issues of international arbitration. He is a Member of the Chartered Institute of Arbitrators; the LCIA; the DIS; the Swiss and Austrian Arbitration Associations; the LCIA Working Committee for the UNCITRAL Working Group II; and the IBA Subcommittee on the New York Convention. From 2003-2007, Mr Schwarz served on the Executive Board of the ICDR's Young & International Arbitration program, which he co-founded. Mr. Schwarz is a member of the Vienna bar. He graduated from University of Vienna (Magister Juris, 1995, top of class) and the London School of Economics (LL.M.).

Article 1: Introduction to ICDR Arbitration:
Article 2 - Notice of Arbitration and Statement of Claim:
Article 3 - Statement of Defense and Counterclaim:
Article 4 - Amendments to Claims:
Article 5 - Number of Arbitrators:
Article 6 - Appointment of Arbitrators:
Article 7 - Impartiality and Independence of Arbitrators:
Article 8 - The Challenge of an Arbitrator (Articles 8 and 9):
Article 9 - The Challenge of an Arbitrator (Articles 8 and 9):
Article 10 - Replacement of an Arbitrator:
Article 11 - Replacement of an Arbitrator:
Article 12 - Representation:
Article 13 - Place of Arbitration:
Article 14 - Language:
Article 15 - Pleas as to Jurisdiction:
Article 16 - Conduct of the Arbitration:
Article 17 - Further Written Statements:
Article 18 - Notices:
Article 19 - Evidence:
Article 20 - Hearings:
Article 21 - Interim Measures of Protection:
Article 22 - Experts:
Article 23 - Default:
Article 24 - Closure of Hearing:
Article 25 - Waiver of Rules:
Article 26 - Awards, Decisions and Rulings:
Article 27 - Form and Effect of the Award:
Article 28 - Applicable Laws and Remedies:
Article 29 - Settlement or Other Reasons for Termination:
Article 30 - Interpretation or Correction of the Award:
Article 31 - Costs:
Article 32 - Compensation of Arbitrators:
Article 33 - Deposit of Costs:
Article 34 - Confidentiality:
Article 35 - Exclusion of Liability:
Article 36 - Interpretation of Rules:
Article 37 - Emergency Measures of Protection:
Appendix 1 ICDR International Dispute Resolution Procedures
Appendix 2 International Case Filing Fees schedule
Appendix 3 ICDR Guidelines for Arbitrators Concerning Exchanges of Information
Appendix 4 AAA Commercial Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Commercial Disputes)
Appendix 5 International Commercial Arbitration Supplementary Procedures
Appendix 6 1976 UNCITRAL Arbitration Rules
Appendix 7 2010 UNCITRAL Arbitration Rules
Appendix 8 Procedures for Cases under the UNCITRAL Arbitration Rules
Appendix 9 List of all AAA rules available on the ICDR website
Foreword
1. Introduction to ICDR Arbitration
A The Institution
B Statistics
C History of the ICDR International Arbitration Rules
D Alternative/Supplementary AAA/ICDR Procedures
E AAA Cooperative Agreements
2. Commencing Arbitration (Articles 1-4)
3. The Tribunal (Articles 5-11)
4. General Conditions (Articles 12-37)
5. Administrative Fees
Appendices