Part III Arbitral Rules, 18 The International Centre for Dispute Resolution (ICDR) Rules

2019 ◽  
Author(s):  
Gusy Martin F ◽  
Hosking James M ◽  
Schwarz Franz T
Keyword(s):  
Dispute Resolution ◽  
Arbitral Tribunal ◽  
International Arbitration ◽  
Arbitral Award ◽  
International Dispute

This chapter discusses the international arbitration rules of the International Centre for Dispute Resolution (‘ICDR’), the international arm of the American Arbitration Association (‘AAA’). It first provides a background on the AAA and the ICDR before analysing the ICDR’s International Dispute Resolution Procedures and the significant revisions to the ICDR Rules. It then offers a commentary on some key Articles of the ICDR Rules and explains how the ICDR Rules differ from those of other arbitral institutions. The comments particularly highlight the 2014 amendments and cover topics such as the scope of the ICDR Rules; joinder and consolidation; appointment of the arbitral tribunal; arbitral jurisdiction; arbitral awards, orders, decisions and rulings; and costs of arbitration. The chapter concludes with an overview of other important AAA/ICDR innovations, rules and practices, including those with regard to international expedited procedures, administrative conferences, appointment and qualifications of the arbitrator, and the arbitral award.

scholarly journals Foreword: International Dispute Resolution in New Zealand

2015 ◽  
Vol 46 (4) ◽  
pp. 1175
Author(s):  
Petra Butler
Keyword(s):  
New Zealand ◽  
Dispute Resolution ◽  
International Arbitration ◽  
International Dispute ◽  
The World

This article is the foreword to this issue of the Victoria University of Wellington Law Review ('VUWLR') containing the New Zealand Law Foundation Dispute Resolution Fellowship Lectures from 2013 to 2015. International dispute resolution is central to New Zealand's future as a trading nation that has always looked to the wider world, and the yearly international dispute resolution week is now an established part of the yearly legal calendar. This issue of the VUWLR contains innovative and insightful discussions into the world of international arbitration.

scholarly journals A Window into the Soul of International Arbitration: Arbitrator Selection, Transparency and Stakeholder Interests

2015 ◽  
Vol 46 (4) ◽  
pp. 1179
Author(s):  
Catherine Rogers
Keyword(s):  
New Zealand ◽  
Dispute Resolution ◽  
International Arbitration ◽  
Stakeholder Interests ◽  
International Dispute ◽  
Lecture Theatre ◽  
Selection And Appointment

New Zealand Law Foundation International Dispute Resolution Lecture 2013, delivered at Stone Lecture Theatre, University of Auckland Faculty of Law, 26 November 2013. This essay derives from that lecture, which considers the important issue of arbitrator selection, appointment and challenge standards and procedures, and introduces the Arbitrator Intelligence project – a proposed solution for informational asymmetries that can affect the fairness of arbitrator selection and appointment.

Part III International Arbitration Agreements: Issues and Perspectives, 10 Silent Talk: Identifying the Language of an Arbitration When the Arbitration Clause Is Silent

2016 ◽  
Author(s):  
Young Michael
Keyword(s):  
Dispute Resolution ◽  
Arbitral Tribunal ◽  
Legal Practice ◽  
International Arbitration ◽  
Arbitration Clause ◽  
Fundamental Part

Language is a fundamental part of legal practice: without it, lawyers cannot function. But despite its importance, the applicable language is addressed rarely in a dispute resolution clause. Given its potent impact, the parties often disagree over which language (or languages) should apply where the clause is silent. This chapter considers the tools available to an arbitral tribunal to identify the language of the arbitration and to maintain the applicable language of the proceedings, while affording the parties flexibility in how they present their cases and ensuring that the matter proceeds efficiently. As with all discretions, this exercise must be carried out properly and fairly. In reaching their decisions, tribunals should not be confined by strict presumptions or priorities; they must assess all of the available indicia, weighing each element in the balance.

Part III International Arbitration Agreements: Issues and Perspectives, 6 Some Reflections on the Making of International Arbitration Agreements for the Resolution of Commercial Disputes

2016 ◽  
Author(s):  
Saville Lord
Keyword(s):  
New York ◽  
Dispute Resolution ◽  
International Arbitration ◽  
Commercial Arbitration ◽  
International Dispute ◽  
Model Law ◽  
New York Convention ◽  
Legal Procedures ◽  
Commercial Disputes

This chapter presents some thoughts on international arbitration. It begins with brief descriptions of the New York Convention and the UNCITRAL Model Law, which serve as the foundations of international dispute resolution. It then discusses arbitration agreements, the role of institutions, the role of law, and the disadvantages of arbitration. It argues that international commercial arbitration has become much more like that of the London Commercial Court; more often than not lawyers are called in from the outset. Pleadings, discovery, and the like are commonplace. The arbitral process has also become more expensive, notwithstanding substantial efforts by arbitral institutions and others to limit costs. It further suggests that where the tribunal considers that the dispute can be dealt with fairly and more cheaply without the full panoply of such legal procedures as the parties’ lawyers propose, that they make certain that the parties themselves, not just their lawyers, are made aware of the tribunal’s view.

scholarly journals Arbitral Awards Under ISTAC Arbitration

2021 ◽  
Author(s):  
Mustafa Topaloğlu
Keyword(s):  
Dispute Resolution ◽  
The State ◽  
State Courts ◽  
Court Decisions ◽  
Arbitral Tribunal ◽  
Arbitral Award ◽  
The World ◽  
Arbitration Proceeding

Arbitration is a well-established and widely used method of resolution of disputes outside the state courts. There are various arbitration centers around the world. The Istanbul Arbitration Centre ISTAC is an independent, neutral and impartial institution providing efficient dispute resolution services for both international and domestic parties. The arbitral awards rendered under ISTAC Arbitration Rules are subject to enforcement by officers just as court decisions. ISTAC arbitration proceeding is carried out by The Sole Arbitrator or Arbitral Tribunal which consist of President and other arbitrators. The Sole Arbitrator or Arbitral Tribunal shall render the award on the merits of the dispute, within 6 months from the date upon which the completion of the signatures on the terms of reference. When the dispute is resolved by an Arbitral Tribunal, it shall decide by majority. In the absence of majority, the award shall be made by the President of the Arbitral Tribunal. The arbitral award contains information of parties and arbitrators, the reasoning of the award, the decision, the decision concerning the costs of the arbitration. The awards are signed by Sole Arbitrator or Arbitral Tribunal. The Sole Arbitrator or Arbitral Tribunal may correct ex officio any computational and typographical errors in the award within 30 days of the date on which the award was rendered. The arbitration proceedings are terminated by the issuance of the award or by the occurrence of any circumstances which are stipulated under ISTAC Arbitration Rules Article 3.

Part III Practice and Procedure, 12 Advantages of Arbitration for International Mining Disputes

2017 ◽  
Author(s):  
Burnett Henry G ◽  
Bret Louis-Alexis
Keyword(s):  
Dispute Resolution ◽  
International Institutions ◽  
Decision Makers ◽  
International Arbitration ◽  
National Courts ◽  
Arbitration Process ◽  
International Dispute ◽  
Dispute Resolution Mechanism ◽  
International Chamber Of Commerce

This chapter discusses arbitration for international mining disputes. Such disputes often involve parties from different countries often with different legal systems and cultures. Arbitration in a neutral forum, with independent and impartial decision-makers, as opposed to litigation in the national courts of one party or the other, is, in most cases, the preferred international dispute resolution mechanism. Some of the more well-known international institutions include the International Chamber of Commerce (ICC), London Court of International Arbitration (LCIA), International Centre for Dispute Resolution (ICDR), and the International Centre for Settlement of Investment Disputes (ICSID). The remainder of the chapter provides a general overview of the role of national courts in connection with the international arbitration process and some of the primary issues that involve consideration by national courts.

Introduction

2016 ◽  
Author(s):  
Schaffstein Silja
Keyword(s):  
Dispute Resolution ◽  
National Court ◽  
The Other ◽  
Arbitral Tribunal ◽  
International Arbitration ◽  
Other Hand ◽  
Principal Method ◽  
Prior Decision ◽  
Commercial Disputes

This introductory chapter discusses the judiciary problems that may arise from the increasing number of multi-fora disputes in the international arbitration. International arbitration is widely considered to be the principal method of dispute resolution for international commercial disputes, which commonly involve multiple parties, contracts, and issues. The multiplicity of the subjects involved in the disputes often results in conflicts concerning the proper forum to be applied, and give rise to the question: if a national court renders a decision on the jurisdiction of the arbitral tribunal, would the arbitrators be bound by the prior decision, or could they decide anew whether they have jurisdiction? If the arbitrators are bound by a national court judgment, the parties’ arbitration agreement may be frustrated. On the other hand, if the arbitrators are not bound by the prior judgment and decide that there is a valid arbitration agreement, parallel court and arbitration proceedings may ensue.

scholarly journals The Impact of the Singapore Convention on the Development of Non-adjudicative Forms of International Dispute Resolution

2020 ◽  
Vol 114 ◽  
pp. 123-126
Author(s):  
Andrea Schneider
Keyword(s):  
Dispute Resolution ◽  
International Investment ◽  
International Arbitration ◽  
International Dispute ◽  
Long Time ◽  
The Law ◽  
The Impact

The impact of the Singapore Convention might affect both state and companies’ behaviors even more than encouraging mediation. We have had for a long time the phrase “bargaining in the shadow of the law,” and then more recently, in particular when we look at international investment, it is bargaining in the shadow of international arbitration. We know that a dispute could end up in arbitration and therefore impact behaviors before that. I want us to think about what bargaining might look like in the shadow of mediation.

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