A Guide to the ICDR International Arbitration Rules

This commentary on the International Centre for Dispute Resolution (ICDR) Rules is a comprehensive reference work for practitioners and arbitrators considering ICDR arbitration. The International Centre for Dispute Resolution (ICDR) is the international division of the American Arbitration Association (AAA) and given that an excess of 600 arbitrations are now administered every year under the ICDR Rules, this book answers the need for the first comparative guide devoted to them. The ICDR International Arbitration Rules are structured in accordance with the typical life-cycle of an international arbitration and thus the book follows their 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 37 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. 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. This Guide to the ICDR Rules includes a section-by-section discussion of each provision, but it also provides guidance on interpretation of an application of the rules by the ICDR administrators, as well as relevant court authority interpreting the rules and useful comparisons to comparable provisions in other international arbitration rules. The discussion of administrative practice is particularly useful, since most of it is not otherwise publicly available. It is significant that each of the authors of this Guide practices in a country other than his nation of origin and brings to the ICDR Rules a truly international comparative perspective. Their Guide will take its place as the leading work of its kind for the ICDR Arbitration Rules. James H Carter, Arbitration InternationalAPPENDIX 1 ICDR INTERNATIONAL DISPUTE RESOLUTION PROCEDURES ; APPENDIX 2 INTERNATIONAL CASE FILING FEES SCHEDULE ; APPENDIX 3 ICDR GUIDELINES FOR ARBITRATORS CONCERNING EXCHANGES OF INFORMATION ; APPENDIX 4 AAA COMMERCIAL ARBITRATION RULES AND MEDIATION PROCEDURES (INCLUDING PROCEDURES FOR LARGE, COMPLEX COMMERCIAL DISPUTES) ; APPENDIX 5 INTERNATIONAL COMMERCIAL ARBITRATION SUPPLEMENTARY PROCEDURES ; APPENDIX 6 1976 UNCITRAL ARBITRATION RULES ; APPENDIX 7 2010 UNCITRAL ARBITRATION RULES ; APPENDIX 8 PROCEDURES FOR CASES UNDER THE UNCITRAL ARBITRATION RULES ; APPENDIX 9 LIST OF ALL AAA RULES AVAILABLE ON THE ICDR WEBSITE