A Guide to the ICDR International Arbitration Rules / Edition 2

by Martin F. Gusy, James M. Hosking

Overview

The International Centre for Dispute Resolution (ICDR) is the international division of the American Arbitration Association (AAA). Given that in excess of 600 arbitrations are now administered every year under the ICDR Rules, this book answers the need for a comprehensive comparative guide devoted to them. This article-by-article commentary on the International Centre for Dispute Resolution (ICDR) Rules is a comprehensive reference work for practitioners and arbitrators considering ICDR arbitration. The second edition is fully revised and updated throughout to reflect all changes and updates to the Rules since the first edition published.

The ICDR International Arbitration Rules are structured in accordance with the typical life-cycle of an international arbitration and the book follows this 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 Articles in their entirety, as well as the Expedited Procedure Articles, and includes discussion of how each provision compares to analogous rules of other major arbitral institutions.

The authors draw on case law gathered from foreign jurisdictions as well as the rich vein of case law in the US (applying the ICDR Rules and, where appropriate, analogous provisions of various AAA domestic rules), combining these with their own extensive experience to provide a uniquely authoritative text. The work's comparative perspective emphasizes key issues to consider when drafting an arbitral clause or strategizing over the conduct of an arbitration.

The second edition of 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.

Product Details

ISBN-13:	9780198729020
Publisher:	Oxford University Press
Publication date:	04/21/2019
Edition description:	2nd ed.
Pages:	512
Product dimensions:	9.80(w) x 6.70(h) x 1.30(d)

About the Author

Martin F. Gusy, K & L Gates, New York, James M. Hosking, Chaffetz Lindsey LLP, New York

Martin F. Gusy's practice focuses on international commercial and investment treaty arbitration under all major arbitration rules. Martin has represented parties in dozens of international arbitrations and served as arbitrator in international and US domestic arbitrations. He also practices international and US domestic commercial litigation. A native German, US/German dual-licensed Attorney-at-Law and Rechtsanwalt, Martin 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, 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.

James M. Hosking's practice focuses primarily on international commercial arbitration and investment treaty arbitration. James has handled business disputes under the rules of all the world's leading international arbitration institutions and 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. James holds BA and LLB (with honors) degrees from the University of Auckland and an LLM from Harvard Law School. He is admitted to the New York Bar and previously practiced in New Zealand.

Table of Contents

I: Introduction to the Second EditionPART 1: COMMENTARY ON THE ICDR INTERNATIONAL RULESArticle 1. Scope of these RulesArticle 2. Notice of ArbitrationArticle 3. Answer and CounterclaimArticle 4. Administrative ConferenceArticle 5. MediationArticle 6. Emergency Measures of ProtectionArticle 7. JoinderArticle 8. ConsolidationArticle 9. Amendment or Supplement of Claim, Counterclaim or DefenseArticle 10. NoticesArticle 11. Number of ArbitratorsArticle 12. Appointment of ArbitratorsArticle 13. Impartiality and Independence of ArbitratorArticle 14. Challenge of an ArbitratorArticle 15. Replacement of an ArbitratorArticle 16. Party RepresentationArticle 17. Place of ArbitrationArticle 18. Language of ArbitrationArticle 19. Arbitral JurisdictionArticle 20. Conduct of ProceedingsArticle 21. Exchange of InformationArticle 22. Privileges and Professional EthicsArticle 23. HearingArticle 24. Interim MeasuresArticle 25. Tribunal-Appointed ExpertArticle 26. DefaultArticle 27. Closure of HearingArticle 28. Waiver of RulesArticle 29. Awards, Orders, Decisions and RulingsArticle 30. Form and Effect of AwardArticle 31. Applicable Laws and RemediesArticle 32. Settlement or Other Reasons for TerminationArticle 33. Interpretation and Correction of AwardArticle 34. Costs of ArbitrationArticle 35. Fees and Expenses of Arbitral TribunalArticle 36. DepositsArticle 37. ConfidentialityArticle 38. Exclusion of LiabilityArticle 39. Interpretation of RulesPART 2: COMMENTARY ON THE INTERNATIONAL EXPEDITED PROCEDURESArticle E-1. Detailed PleadingsArticle E-2. ICDR Administrative Conference CallArticle E-3. Limitation on ExtensionsArticle E-4. Changes of Claim or CounterclaimArticle E-5. Objection to the Applicability of the ProceduresArticle E-6. Appointment and Qualifications of the ArbitratorArticle E-7. Preparatory Conference CallArticle E-8. Proceedings on DocumentsArticle E-9. Date, Time, and Location of the Oral HearingArticle E-10. The HearingAPPENDICES

Editorial Reviews

"This rules guide merits attention as a welcome and needed tool. The textual analysis deconstructs the constituent sentences and phrases of particular rules to extract their meaning and application. It should be useful to many across the arbitral spectrum, from neophyte to expert, including those who may be revisiting ICDR arbitration or international arbitration generally after some hiatus."
—Stefan B. Kalina, Cox Padmore Skolnik & Shakarchy, LLP
NYSBA New York Dispute Resolution Lawyer, Fall 2011

"This Guide to the ICDR Rules includes a section-by-section discussion of each provision, but it also provides guidance on interpretation of an application of the rules by the ICDR administrators, as well as relevant court authority interpreting the rules and useful comparisons to comparable provisions in other international arbitration rules. The discussion of administrative practice is particularly useful, since most of it is not otherwise publicly available."
—James H Carter, Arbitration International

From the Publisher