A Guide to the ICDR International Arbitration Rules

Martin F. Gusy, K & L Gates, New York, James M. Hosking, Chaffetz Lindsey LLP, New York

Martin F. Gusy's practice focuses on international commercial and investment treaty arbitration under all major arbitration rules. Martin has represented parties in dozens of international arbitrations and served as arbitrator in international and US domestic arbitrations. He also practices international and US domestic commercial litigation. A native German, US/German dual-licensed Attorney-at-Law and Rechtsanwalt, Martin holds civil and common law degrees from the Johannes Gutenberg-Universitat Mainz and Cornell Law School. The founder and past co-chair of ICDR Y&I, Martin received the American Arbitration Association's Distinguished Service Award in recognition of his distinguished service and support of international arbitration and mediation in 2007.

James M. Hosking's practice focuses primarily on international commercial arbitration and investment treaty arbitration. James has handled business disputes under the rules of all the world's leading international arbitration institutions and regularly writes and lectures on arbitration issues. He was previously the New Zealand delegate to the UNCITRAL Working Group on international commercial arbitration, was co-chair of the ICDR young practitioners group and received a 2007 Distinguished Service Award from the AAA. James holds BA and LLB (with honors) degrees from the University of Auckland and an LLM from Harvard Law School. He is admitted to the New York Bar and previously practiced in New Zealand.

I: Introduction to the Second Edition
1. Introduction to ICDR Arbitration
2. Overview of Amendments Made to the 2014 ICDR International Rules
3. Other Documents Relevant to ICDR Arbitration
II: Commentary on the ICDR International Rules
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
III: Commentary on the International Expedited Procedures
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
IV: Commentary on the ICDR Code of Ethics
Appendices