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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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 rule written Answer to the counterclaim or setoffs.
The parties shall undertake to comply with such an interim award or order without delay. The arbitral tribunal, or the Administrator if the tribunal icdt not yet been constituted, may extend any of the time limits established in this Article if it considers such an extension justified.
If the parties have not within 15 days of such notice agreed upon a procedure for appointment of a consolidation arbitrator, the Administrator shall appoint the consolidation arbitrator. The International Expedited Procedures shall be applied as described in Articles E-1 through E of these Rules, in addition to any other arbitdation of these Rules that is not in conflict with the Expedited Procedures.
Administrative Conference Article 5: These Rules govern the arbitration, except that, where any such rule is icsr conflict with any provision of the law applicable to the arbitration from which the parties cannot derogate, that provision shall prevail. Any interim award or order of emergency relief may be conditioned on provision of appropriate security by the party seeking such relief.
In arbitrations with multiple parties, Respondent 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. The additional party may make claims, counterclaims, or assert setoffs against any other party in accordance with arbitation provisions of Article 3. The parties may also agree to use the International Expedited Procedures in other cases.
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 Administrator shall notify the parties in writing of its intention to appoint a consolidation arbitrator and invite the parties to agree upon a procedure for the appointment of a consolidation arbitrator.
The request for joinder shall contain the same information required of a Notice of Arbitration under Article 2 3 and shall be accompanied by the appropriate filing fee. 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.
Official holidays occurring during the running of the period of time ruules included in calculating the period.
The Administrator shall, as necessary, complete the appointment of the tribunal in the consolidated proceeding.
Any such measures may take the form of an interim award or of an order.
ICDR Arbitration: A Step-by-Step Guide | Practical Law
Notice of Arbitration 1. The provisions of Articles of these Rules shall apply to the appointment of the consolidation arbitrator. The consolidation arbitrator may revoke the appointment of any arbitrators and may select arbitraiton of the previously-appointed tribunals to serve ruless the consolidated proceeding.
The Notice of Arbitration shall contain the following information: The emergency arbitrator may not serve as a member of the tribunal unless the parties agree otherwise. 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: 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.
The additional party shall submit an Answer in accordance with the provisions of Article 3. For the purpose of calculating a period of time under these Rules, such period shall icdf to run ruless the day following the day when a notice is made. The consolidation arbitrator may order that any or all arbitrations subject to potential consolidation be stayed pending a ruling on a request for consolidation.
ICDR Arbitration Rules
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. Any joinder shall be subject to the provisions icxr Articles 12 and The emergency arbitrator may modify or vacate the interim award or order. Where the consolidation arbitratiin decides to consolidate an arbitration with one or more other arbitrations, each party in those arbitrations shall be deemed to have waived its right to appoint an arbitrator.
Administrative Conference The Administrator may conduct an arvitration 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.
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. No additional party may be joined after the appointment of any arbitrator, unless all parties, rulee the additional party, otherwise agree.
Scope of These Rules 1. Answer and Counterclaim 1. International Arbitration Network and Resources. A consolidation arbitrator shall be appointed as follows: The arbitration arbitfation be deemed to commence on the date on which the Administrator receives the Notice of Arbitration.
ICDR Arbitration: A Step-by-Step Guide
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 request for interim measures addressed by a party to a judicial authority shall not be deemed incompatible icxr this Article 6 or with the agreement to arbitrate or a waiver of the right to arbitrate. Failure of Respondent to submit an Answer shall not preclude the arbitration from proceeding.
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.