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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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. 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. 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 shall submit an Answer in accordance with the provisions of Article 3. The emergency arbitrator shall have no further power to act after the arbitral tribunal is constituted.
ICDR Arbitration Rules
The request for joinder shall contain the same rabitration required of a Notice of Arbitratjon under Article 2 3 and shall be accompanied by the appropriate filing fee. 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.
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:.
Answer and Counterclaim Article 4: In arbitrations with multiple parties, Arhitration 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 Article 3.
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
A party may apply for emergency relief before the constitution of the srbitration tribunal by submitting a written notice to 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. Any challenge to the appointment of the emergency arbitrator must be made within one business day of the communication by the Administrator to icrr parties of the appointment of the emergency arbitrator and the circumstances disclosed.
The Administrator shall, as necessary, complete the appointment of the tribunal in the consolidated proceeding.
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.
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.
The date on which such Notice of Arbitration is received by the Administrator shall icrr deemed to be the date of the commencement of arbitration against the additional party. 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.
ICDR Arbitration Rules
Any interim award or order of emergency relief may be conditioned on provision of appropriate security by the party seeking such relief. 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.
Absent the agreement of all parties, the consolidation arbitrator shall not be appointed in the consolidated proceeding. Any joinder shall be subject to the provisions of Articles 12 and A consolidation arbitrator shall be appointed as follows: 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.
Unless the parties agree otherwise, the mediation shall proceed concurrently with arbitration and the mediator shall not be an arbitrator appointed to the case. Upon receipt of the Notice of Arbitration, the Administrator shall communicate with all parties with respect to the arbitration and shall acknowledge the commencement of the arbitration.
Unless otherwise agreed by the parties or ordered by the arbitral tribunal, all notices and arbitrayion 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.
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ICDR Arbitration: A Step-by-Step Guide
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. Any such measures may take the form of an interim award or of an order.
The notice shall be submitted concurrent with or following the submission of a Notice of Arbitration. The arbitral tribunal, or the Administrator if the tribunal has not yet been constituted, may extend any gules the time limits established in this Article if it considers such an extension justified. Emergency Measures of Protection 1.
Administrative Conference The Administrator may conduct an administrative conference arbitrztion 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, counterclaims, or assert setoffs against any other party in accordance with the provisions of Article 3.