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Vol 24 No 2 Feb/March 2019

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A Guide to the ICDR International Arbitration Rules 2nd ed

ISBN13: 9780198729020
Previous Edition ISBN: 9780199596843
Published: February 2019
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £125.00

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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.

Arbitration and Alternative Dispute Resolution
1. Introduction to ICDR Arbitration
2. Overview of Amendments Made to the 2014 ICDR International Rules
3. Other Documents Relevant to ICDR Arbitration

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

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