A Guide to the ICDR International Arbitration Rules

Second Edition

Martin F. Gusy and James M. Hosking

Fully revised and updated
A stand-alone comprehensive commentary on the ICDR International Arbitration Rules
Follows the thematic structure of the rules, addressing key issues and providing ample cross-referencing to aid the reader in understanding the relationship between the various rules and practice notes
Practical examples highlight the real issues practitioners are likely to encounter when dealing with an ICDR arbitration
Includes an overview of how provisions compare to analogous rules of other major arbitral institutions, revealing key issues for consideration when drafting the arbitration clause or strategizing over the conduct of an arbitration
Selected appendices provide a useful compilation of core materials as well as difficult-to-find resources

New to this Edition:

Commentary on new Expedited Procedures articles
Split into two parts for ease of navigation throughout articles
Completely revised table of contents to reflect all changes and updates in rules since the first edition

A Guide to the ICDR International Arbitration Rules

Second Edition

Martin F. Gusy and James M. Hosking

Description

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.

A Guide to the ICDR International Arbitration Rules

Second Edition

Martin F. Gusy and James M. Hosking

I: INTRODUCTION TO THE SECOND EDITION
1:PART 1: 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 or Supplement of 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
II: PART 2 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
APPENDICES

A Guide to the ICDR International Arbitration Rules

Second Edition

Martin F. Gusy and James M. Hosking

Author Information

Martin F. Gusy, K & L Gates, New York, and 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-Universität 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.