Lex Mundi Global Arbitration Institutions Guide |
|
International (ICDR) |
|
|
(International)
Firm
Wyche
Contributors
Henry Parr |
|
| Name of Arbitral Institution; with abbreviation, if any. | International Center for Dispute Resolution ("ICDR") |
| Where is the seat of the Arbitral Institution? | The primary office of the ICDR is in New York. The ICDR also has offices and hearing centers in many locations worldwide, including Singapore, Houston, and Miami. It has cooperative agreements providing hearing facilities in 85 jurisdictions worldwide. |
| Is there an umbrella organization for the Arbitral Institution? | Yes, the American Arbitration Association ("AAA") |
| How is the Arbitral Institution structured? | Board of Directors, Council, President and CEO, and Vice Presidents |
| Is there a compulsory list of arbitrators that parties are required to choose from? | The ICDR maintains a Panel of experienced International Arbitrations. When the parties are choosing arbitrators, they are not limited to the ICDR Panel. |
| Can the place of arbitration freely be chosen by the parties? Is there a default place of arbitration? | Article 17 of the ICDR Rules allows the parties to choose the place of arbitration. If they do not agree on the place by the deadline established by the ICDR, the ICDR may determine the place, subject to the power of the tribunal to determine finally the place of arbitration within 45 days of its constitution. |
| What is the amount of the registration fee? | The fee varies based on the amount of the claim and whether the flexible fee schedule is chosen. Initial filing fees range from USD 1,000 for a claim less than USD 75,000 to USD 12,650 plus.015% of the claim amount between USD 10 million and USD 100 Million for claims USD 10 million and higher. Fees are also subject to a Refund Schedule for early settlement of the dispute. http://info.adr.org/internationalfeeschedule/ provides more detailed information regarding fees. |
| What is the average cost of an arbitration in the following cases? 1 arbitrator, amount in dispute = $1 million | USD 54,955 (average cost for claims ranging from USD 1M to the USD 9.9M) Included arbitrator compensation is based on hourly rates and billings of individual arbitrators and may include 3 member tribunals. |
| What is the average cost of an arbitration in the following cases? 3 arbitrators, amount in dispute = $10 million | USD 325,861 (average cost for claims ranging from USD 10M to USD 99.9M) Included arbitrator compensation is based on hourly rates and billings of individual arbitrators and may include single-member tribunals. |
| What is the average cost of an arbitration in the following cases? 3 arbitrators, amount in dispute = $100 million | Not Available |
| Who pays advances on costs? What happens in the event of default? | Both parties normally make and advance deposit of arbitrator costs. If a party does not pay the required deposit, one or more of the other parties may elect to make the required deposit. If the deposit is not made, the proceedings may be suspended or terminated. |
| Does the Arbitral Institution have formalistic procedures (e.g. terms of reference) that must be complied with? If so, which ones? | There are no terms of reference. The Claimant makes a statement of its claims, which must include a description of the claim and other information required by Article 2(3) The Respondent submits an answer and any counterclaims, which must contain similar information. Normally, the Administrator and Tribunal will hold preliminary conferences to discuss issues such as jurisdictions, place of the hearing, length of the hearing, disclosures, a schedule, mediation, and any other matters that require resolution at the outset. |
| Which languages can be used for communication with the Arbitral Institution? | English, Spanish, Italian, German and Russian |
| Who is the main point of contact for the parties within the Arbitral Institution? | The case administration who is assigned to the specific arbitration. |
| Are there restrictions on the language that the arbitration may be conducted in? | No. Article 18 of the ICDR Rules provides that, unless the parties agree otherwise, the language(s) of the arbitration shall be the language(s) of the documents containing the arbitration agreement, subject to the power of the tribunal to determine otherwise. |
| Who appoints substitute arbitrators? | Unless the parties agree otherwise, substitute arbitrators are appointed using the same method in which the Tribunal was initially appointed. |
| Are there specific regulations for multi-party arbitrations or joinders to the proceedings? | Yes. See Article 7 of the International Arbitration Rules |
| Are oral hearings compulsory? | No. |
| What are common evidence-taking practices? | In the discretion of the Tribunal, testimony may be introduced either by witness statements or testimony. Depositions, interrogatories, and requests to admit are not considered appropriate procedures under the Rules. |
| What is the average duration of arbitration proceedings? | Current average time to disposition of awarded cases is 13 months. |
| What is the timeframe for rendering the award? | Article 30 requires that the final award is made no later than 60 days from the closing of the hearing unless otherwise agreed by the parties, specified by law or determined by the administrator. |
| Are extensions to time limits permissible? | Yes. |
| Can the arbitral tribunal impose interim measures? Is there a competing competency of the ordinary courts with regard to interim measures? | Yes. Article 24 provides for interim relief by the Tribunal after it is constituted. It specifies that a request for interim measures address to a judicial authority is not incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. |
| Do the institutional rules provide for an emergency arbitrator? | Yes, Article 6 provides for Emergency Relief prior to the constitution of the Tribunal. It specifies that a request for interim measures address to a judicial authority is not incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. |
| Are there any specific regulations for expedited proceedings? If so, is there a deadline for rendering such an award? | Yes, The award is required within 30 calendar days of the close of the hearing or date set for receipt of final statements and proof if there is no hearing. For cases involving USD 100,000 or less it is presumed that there will be no hearing. |
| Are arbitral awards submitted for scrutiny? If so, to whom? | Yes, by the ICDR staff. |
| Do costs necessarily follow the event? | The allocation of costs is decided by the arbitral tribunal in the award. |
| Can an arbitral award be annulled in your jurisdiction? If yes, do the reasons for annulment in principle correspond to the reasons for denial of enforcement according to the New York Convention? | Yes. Except that if a majority of the parties to the agreement are citizens of a state that ratified or acceded to the Inter-American Convention and are member states of the OAS, the Inter- American Convention shall apply. And the Federal Arbitration Act of the US shall apply where the agreement or award arises from a relationship entirely between citizens of the US unless the relationship has a reasonable relation with one or more other states. |
| Link to institutional rules | https://www.icdr.org/sites/default/files/document_repository/ICDR_Rules.pdf |
| Link to model clause | There is an interactive site to develop and create contract specific ADR clauses at https://www.clausebuilder.org Suggested basic clauses are at https://www.icdr.org/clauses |
Lex Mundi Global Arbitration Institutions Guide
International Center for Dispute Resolution ("ICDR")
The primary office of the ICDR is in New York. The ICDR also has offices and hearing centers in many locations worldwide, including Singapore, Houston, and Miami. It has cooperative agreements providing hearing facilities in 85 jurisdictions worldwide.
Yes, the American Arbitration Association ("AAA")
Board of Directors, Council, President and CEO, and Vice Presidents
The ICDR maintains a Panel of experienced International Arbitrations. When the parties are choosing arbitrators, they are not limited to the ICDR Panel.
Article 17 of the ICDR Rules allows the parties to choose the place of arbitration. If they do not agree on the place by the deadline established by the ICDR, the ICDR may determine the place, subject to the power of the tribunal to determine finally the place of arbitration within 45 days of its constitution.
The fee varies based on the amount of the claim and whether the flexible fee schedule is chosen. Initial filing fees range from USD 1,000 for a claim less than USD 75,000 to USD 12,650 plus.015% of the claim amount between USD 10 million and USD 100 Million for claims USD 10 million and higher. Fees are also subject to a Refund Schedule for early settlement of the dispute. http://info.adr.org/internationalfeeschedule/ provides more detailed information regarding fees.
USD 54,955 (average cost for claims ranging from USD 1M to the USD 9.9M) Included arbitrator compensation is based on hourly rates and billings of individual arbitrators and may include 3 member tribunals.
USD 325,861 (average cost for claims ranging from USD 10M to USD 99.9M) Included arbitrator compensation is based on hourly rates and billings of individual arbitrators and may include single-member tribunals.
Not Available
Both parties normally make and advance deposit of arbitrator costs. If a party does not pay the required deposit, one or more of the other parties may elect to make the required deposit. If the deposit is not made, the proceedings may be suspended or terminated.
There are no terms of reference. The Claimant makes a statement of its claims, which must include a description of the claim and other information required by Article 2(3) The Respondent submits an answer and any counterclaims, which must contain similar information. Normally, the Administrator and Tribunal will hold preliminary conferences to discuss issues such as jurisdictions, place of the hearing, length of the hearing, disclosures, a schedule, mediation, and any other matters that require resolution at the outset.
English, Spanish, Italian, German and Russian
The case administration who is assigned to the specific arbitration.
No. Article 18 of the ICDR Rules provides that, unless the parties agree otherwise, the language(s) of the arbitration shall be the language(s) of the documents containing the arbitration agreement, subject to the power of the tribunal to determine otherwise.
Unless the parties agree otherwise, substitute arbitrators are appointed using the same method in which the Tribunal was initially appointed.
Yes. See Article 7 of the International Arbitration Rules
No.
In the discretion of the Tribunal, testimony may be introduced either by witness statements or testimony. Depositions, interrogatories, and requests to admit are not considered appropriate procedures under the Rules.
Current average time to disposition of awarded cases is 13 months.
Article 30 requires that the final award is made no later than 60 days from the closing of the hearing unless otherwise agreed by the parties, specified by law or determined by the administrator.
Yes.
Yes. Article 24 provides for interim relief by the Tribunal after it is constituted. It specifies that a request for interim measures address to a judicial authority is not incompatible with the agreement to arbitrate or a waiver of the right to arbitrate.
Yes, Article 6 provides for Emergency Relief prior to the constitution of the Tribunal. It specifies that a request for interim measures address to a judicial authority is not incompatible with the agreement to arbitrate or a waiver of the right to arbitrate.
Yes, The award is required within 30 calendar days of the close of the hearing or date set for receipt of final statements and proof if there is no hearing. For cases involving USD 100,000 or less it is presumed that there will be no hearing.
Yes, by the ICDR staff.
The allocation of costs is decided by the arbitral tribunal in the award.
Yes. Except that if a majority of the parties to the agreement are citizens of a state that ratified or acceded to the Inter-American Convention and are member states of the OAS, the Inter- American Convention shall apply. And the Federal Arbitration Act of the US shall apply where the agreement or award arises from a relationship entirely between citizens of the US unless the relationship has a reasonable relation with one or more other states.
There is an interactive site to develop and create contract specific ADR clauses at https://www.clausebuilder.org Suggested basic clauses are at https://www.icdr.org/clauses