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A Guide to the ICDR International Arbitration Rules, 2nd Edition

A Guide to the ICDR International Arbitration Rules, 2nd Edition

  • Author:
  • Publisher: Oxford University Press
  • ISBN: 9780198729020
  • Published In: February 2019
  • Format: Hardback
  • Jurisdiction: International ? Disclaimer:
    Countri(es) stated herein are used as reference only

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  • Description 
  • Contents 
  • Details

    This 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 to reflect the 2014 ICDR Rules revision. 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. 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 39 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.

    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. 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.

  • I: INTRODUCTION TO THE SECOND EDITION
    1. Introduction to ICDR Arbitration
    2. Overview of Amendments Made to the 2014 ICDR International Rules
    3. Other Documents Relevant to ICDR Arbitration

    II: COMMENTARY ON THE ICDR INTERNATIONAL RULES
    Article 1 Scope of These Rules
    Article 2 Notice of Arbitration
    Article 3 Answer and Counterclaim
    Article 4 Administrative Conference
    Article 5 Mediation
    Article 6 Emergency Measures of Protection
    Article 7 Joinder
    Article 8 Consolidation
    Article 9 Amendment of Supplement Claim, Counterclaim or Defense
    Article 10 Notices
    Article 11 Number of Arbitrators
    Article 12 Appointment of Arbitrators
    Article 13 Impartiality and Independence of Arbitrator
    Article 14 Challenge of an Arbitrator
    Article 15 Replacement of an Arbitrator
    Article 16 Party Representation
    Article 17 Place of Arbitration
    Article 18 Language of Arbitration
    Article 19 Arbitral Jurisdiction
    Article 20 Conduct of Proceedings
    Article 21 Exchange of Information
    Article 22 Privileges and Professional Ethics
    Article 23 Hearing
    Article 24 Interim Measures
    Article 25 Tribunal-Appointed Expert
    Article 26 Default
    Article 27 Closure of Hearing
    Article 28 Waiver of Rules
    Article 29 Awards, Orders, Decisions and Rulings
    Article 30 Form and Effect of Award
    Article 31 Applicable Laws and Remedies
    Article 32 Settlement or Other Reasons for Termination
    Article 33 Interpretation and Correction of Award
    Article 34 Costs of Arbitration
    Article 35 Fees and Expenses of Arbitral Tribunal
    Article 36 Deposits
    Article 37 Confidentiality
    Article 38 Exclusion of Liability
    Article 39 Interpretation of Rules

    III: COMMENTARY ON THE INTERNATIONAL EXPEDITED PROCEDURES
    Article E-1 Detailed Pleadings
    Article E-2 ICDR Administrative Conference Call
    Article E-3 Limitation on Extensions
    Article E-4 Changes of Claim or Counterclaim
    Article E-5 Objection to the Applicability of the Procedures
    Article E-6 Appointment and Qualifications of the Arbitrator
    Article E-7 Preparatory Conference Call
    Article E-8 Proceedings on Documents
    Article E-9 Date, Time and Location of the Oral Hearing
    Article E-10 The Hearing
    Article E-11 Time of Award

    IV: COMMENTARY ON THE ICDR CODE OF ETHICS
    APPENDICES

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