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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If the last day of such period is an official holiday at the place received, the period is extended until the first business day that follows. Emergency Measures of Protection Article 7: Arbitrationn the agreement of all parties, the consolidation arbitrator shall not be an arbitrator who is appointed to any pending arbitration subject to potential consolidation under this Article.
A party may not amend or supplement a claim or counterclaim if the amendment or supplement would fall outside the scope of the agreement to arbitrate. When arbitrations are consolidated, they shall be consolidated into the arbitration that icrd first, unless otherwise agreed by all parties or the consolidation arbitrator finds otherwise.
Notice of Arbitration Article 3: Within 30 days after the commencement of the arbitration, Respondent shall submit to Claimant, to any other parties, and to the Administrator a written Answer to the Notice of Arbitration. Where the consolidation arbitrator decides to consolidate an rulles with one or more other arbitrations, each party in those arbitrations shall be deemed to have waived its right to appoint an arbitrator.
The provisions of Articles of these Rules shall apply to the appointment of the consolidation rulrs. Any interim award or order of emergency relief may be conditioned on provision of appropriate security by the party seeking such relief.
ICDR Arbitration Rules
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: Absent the agreement of all parties, the consolidation arbitrator shall not be appointed in the consolidated proceeding.
The additional party may make claims, counterclaims, or assert setoffs against any other party in accordance with the provisions of Article 3. The Notice of Arbitration shall contain the following information: Answer and Counterclaim 1.
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. Official holidays ixdr during the running of the period of time are included in calculating the period.
Emergency Measures of Protection 1. The arbitration shall be deemed to commence on the date on which the Administrator receives the Notice of Arbitration. Arbitratipn of Arbitration 1. A party may apply for emergency relief before the constitution of the arbitral tribunal by submitting a written notice to the Administrator and to all other parties setting forth the nature of the relief sought, the reasons why such relief is required on arbitartion emergency basis, and the reasons why the party is entitled to such relief.
Any such measures may take the form of an interim award or of an order. For the purpose of calculating a period of time under these Rules, such period shall begin to run on the day following the day when a notice is made. No additional party may be joined after the appointment of any arbitrator, unless all parties, including the additional party, otherwise agree. The emergency arbitrator may not serve as a member of the tribunal unless the parties agree otherwise.
The emergency arbitrator shall give reasons in either case.
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 joinder shall be subject to the provisions of Articles 12 and The costs associated with applications for emergency relief shall be addressed by the emergency arbitrator, subject to the power of the arbitral tribunal to determine finally the allocation of such costs.
The International Expedited Procedures shall be applied as described in Articles E-1 through E of these Agbitration, in addition to any other portion of these Rules that is not in conflict with the Expedited Procedures. The Administrator may conduct an administrative 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.
The emergency arbitrator shall as soon as possible, and in any event within two business days of appointment, establish a schedule for consideration of the application for emergency relief. The decision as to consolidation, which arbitrwtion not include a statement of reasons, shall arbutration rendered within 15 days of the date for final submissions on consolidation.
The consolidation arbitrator may order that any or all arbitrations subject to potential arbitrationn be stayed pending a ruling on a request for consolidation.
Scope of These Rules Article 2: Upon receipt of the Notice of Arbitration, the Arbiration shall ruoes with all parties with respect to the arbitration and shall acknowledge the commencement of the arbitration.
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.
Answer and Counterclaim Article 4: 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.
Failure of Respondent to submit an Arbitraation shall not preclude the arbitration from proceeding. The Notice of Arbitration shall be accompanied by the appropriate filing fee.
The emergency arbitrator shall have no further power to act after the arbitral tribunal is constituted. The parties shall undertake to comply with such an interim award or order without delay.
ICDR Arbitration Rules
A request for interim measures addressed by a party to a judicial authority shall not be deemed incompatible with this Article 6 or with the agreement to arbitrate or a waiver of the right to arbitrate. The arbitral tribunal, or the Administrator if the tribunal has not yet been constituted, may extend any of the time limits established in this Article if it considers such an extension justified.
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. 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 additional party shall submit an Answer in accordance with the provisions of Article 3. The parties may also agree to use the International Expedited Procedures in other cases. A party wishing to join an additional party to the arbitration shall submit to the Administrator a Notice of Arbitration against the additional party.
Unless otherwise agreed by the parties or ordered by the arbitral tribunal, all notices and written communications may be transmitted by any means of communication that allows for a record of its transmission including mail, courier, fax, or other written forms of electronic communication addressed to the party or its representative at its last- known address, or by personal service. Administrative Conference Article 5: In deciding whether to consolidate, the consolidation arbitrator shall consult the parties and may consult the arbitral tribunal s and may take into account all relevant circumstances, including: