A Guide to the ICDR International Arbitration Rules

• The first stand-alone comprehensive commentary on the ICDR International Arbitration Rules.
• Follows the thematic structure of the rules, addressing key issues and providing ample cross-referencing to aid the reader in understanding the relationship between the various rules and practice notes.
• Practical examples highlight the real issues practitioners are likely to encounter when dealing with an ICDR arbitration.
• Includes an overview of how provisions compare to analogous rules of other major arbitral institutions, revealing key issues for consideration when drafting the arbitration clause or strategizing over the conduct of an arbitration.
• Selected appendices provide a useful compilation of core materials as well as difficult-to-find resources.

Readership: Legal practitioners and corporations involved in arbitrations under the ICDR Rules as well as arbitration practitioners who wish to familiarise themselves with the rules and the benefits or otherwise of selecting them. Also, law libraries, academics, and students with an interest in arbitration.

Martin F. Gusy, Gusy Van der Zandt LLP, New York, James M. Hosking, Chaffetz Lindsey LLP, New York, and Franz T. Schwarz, Wilmer Cutler Pickering Hale and Dorr LLP, London

Martin F. Gusy's practice focuses on international commercial and investment treaty arbitration under all major arbitration rules. Mr. Gusy has represented parties in about 40 international arbitrations and served as arbitrator in international and U.S. domestic arbitrations. He also practices international and U.S. domestic commercial litigation. A native German, U.S./German dual licensed Attorney at Law and Rechtsanwalt, Mr. Gusy holds civil and common law degrees from the Johannes Gutenberg-Universität Mainz and Cornell Law School. The founder and past co-chair of ICDR Y&I, Mr. Gusy 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 is a partner in the New York dispute resolution boutique Chaffetz Lindsey LLP. His practice focuses primarily on international commercial arbitration and investment treaty arbitration. Mr Hosking has handled business disputes under the rules of all the world's leading international arbitration institutions. James 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. Mr Hosking holds B.A. and LL.B. (with honors) degrees from the University of Auckland and an LL.M. from Harvard Law School. He is admitted to the New York Bar and previously practiced in New Zealand.

Franz T. Schwarz is a member of the Firm's International Arbitration Group and has been involved in more than sixty international arbitrations as arbitrator or counsel. Mr. Schwarz teaches international arbitration at Zurich University and frequently speaks and publishes on topical issues of international arbitration. He is a Member of the Chartered Institute of Arbitrators; the LCIA; the DIS; the Swiss and Austrian Arbitration Associations; the LCIA Working Committee for the UNCITRAL Working Group II; and the IBA Subcommittee on the New York Convention. From 2003-2007, Mr Schwarz served on the Executive Board of the ICDR's Young & International Arbitration program, which he co-founded. Mr. Schwarz is a member of the Vienna bar. He graduated from University of Vienna (Magister Juris, 1995, top of class) and the London School of Economics (LL.M.).

"This Guide to the ICDR Rules includes a section-by-section discussion of each provision, but it also provides guidance on interpretation of an application of the rules by the ICDR administrators, as well as relevant court authority interpreting the rules and useful comparisons to comparable provisions in other international arbitration rules. The discussion of administrative practice is particularly useful, since most of it is not otherwise publicly available. It is significant that each of the authors of this Guide practices in a country other than his nation of origin and brings to the ICDR Rules a truly international comparative perspective. Their Guide will take its place as the leading work of its kind for the ICDR Arbitration Rules." - James H Carter, Arbitration International

Article 1: Introduction to ICDR Arbitration:
Article 2 - Notice of Arbitration and Statement of Claim:
Article 3 - Statement of Defense and Counterclaim:
Article 4 - Amendments to Claims:
Article 5 - Number of Arbitrators:
Article 6 - Appointment of Arbitrators:
Article 7 - Impartiality and Independence of Arbitrators:
Article 8 - The Challenge of an Arbitrator (Articles 8 and 9):
Article 9 - The Challenge of an Arbitrator (Articles 8 and 9):
Article 10 - Replacement of an Arbitrator:
Article 11 - Replacement of an Arbitrator:
Article 12 - Representation:
Article 13 - Place of Arbitration:
Article 14 - Language:
Article 15 - Pleas as to Jurisdiction:
Article 16 - Conduct of the Arbitration:
Article 17 - Further Written Statements:
Article 18 - Notices:
Article 19 - Evidence:
Article 20 - Hearings:
Article 21 - Interim Measures of Protection:
Article 22 - Experts:
Article 23 - Default:
Article 24 - Closure of Hearing:
Article 25 - Waiver of Rules:
Article 26 - Awards, Decisions and Rulings:
Article 27 - Form and Effect of the Award:
Article 28 - Applicable Laws and Remedies:
Article 29 - Settlement or Other Reasons for Termination:
Article 30 - Interpretation or Correction of the Award:
Article 31 - Costs:
Article 32 - Compensation of Arbitrators:
Article 33 - Deposit of Costs:
Article 34 - Confidentiality:
Article 35 - Exclusion of Liability:
Article 36 - Interpretation of Rules:
Article 37 - Emergency Measures of Protection:
Appendix 1 ICDR International Dispute Resolution Procedures
Appendix 2 International Case Filing Fees schedule
Appendix 3 ICDR Guidelines for Arbitrators Concerning Exchanges of Information
Appendix 4 AAA Commercial Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Commercial Disputes)
Appendix 5 International Commercial Arbitration Supplementary Procedures
Appendix 6 1976 UNCITRAL Arbitration Rules
Appendix 7 2010 UNCITRAL Arbitration Rules
Appendix 8 Procedures for Cases under the UNCITRAL Arbitration Rules
Appendix 9 List of all AAA rules available on the ICDR website