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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The consolidation arbitrator may order that any or all arbitrations subject to potential consolidation be stayed pending a ruling on a request for consolidation.
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. A party may not amend or supplement a claim or counterclaim if the amendment or supplement would fall outside the scope of the agreement to arbitrate.
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. 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 party may apply for emergency relief before the constitution of the arbitral 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.
Absent the agreement of all parties, the consolidation arbitrator shall not be appointed in the consolidated proceeding.
ICDR Arbitration Rules
The notice shall be submitted concurrent with or following the submission of a Notice of Arbitration. The Notice of Arbitration shall contain the following information: No additional party may be joined after the appointment of any arbitrator, unless all parties, including the additional party, otherwise agree.
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. Answer and Counterclaim Article 4: A consolidation arbitrator shall be appointed as follows: Any such measures may take the form of an interim award or of an order.
When parties agree to arbitrate under these Rules, or when they provide for arbitration of an international dispute by the ICDR or the AAA without designating particular rules, they thereby authorize the ICDR to administer the arbitration.
If the parties have not within 15 days of such notice agreed upon a procedure for appointment of a consolidation arbitrator, the Adbitration shall appoint the consolidation arbitrator. Emergency Measures of Protection 1. In arbitrations with multiple parties, Respondent may make claims or assert setoffs against another Respondent rulew Claimant may make claims or assert setoffs against another Claimant in accordance with the provisions of this Article 3.
ICDR Arbitration: A Step-by-Step Guide
The parties shall undertake to comply with such an interim award or order without delay. Once the tribunal has been constituted, the tribunal arvitration reconsider, rulrs, or vacate the interim award or order of emergency relief issued by the emergency arbitrator.
When arbitrations are consolidated, they kcdr be consolidated into the arbitration that commenced first, unless otherwise agreed by all parties or the consolidation arbitrator finds otherwise. 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.
The emergency arbitrator shall have no further power to act after the arbitral tribunal is constituted. The arbitration shall be deemed to commence on the date on which the Administrator receives the Notice of Arbitration.
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. 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 emergency arbitrator shall give reasons in either case. Answer and Counterclaim 1. Notice of Arbitration Article 3: Unless otherwise agreed by the tules or ordered 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.
Any challenge to the appointment of the emergency arbitrator must be made within one business day of the communication by the Administrator to the parties of the appointment of the emergency arbitrator and the circumstances disclosed.
The consolidation arbitrator may revoke arbitraton appointment of any arbitrators and may select one of the previously-appointed tribunals to serve in the consolidated proceeding. 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 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.
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. Ruules 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:.
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, icdg the dispute, process efficiencies, and any other administrative matters. Scope of These Rules 1. The provisions of Articles of these Rules shall apply to the appointment of the consolidation arbitrator.
ICDR Arbitration Rules
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. International Arbitration Network and Resources. Any interim award or order shall have the same effect as an interim measure made pursuant to Article 24 and shall be binding on the parties when rendered.