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18 Jun, 2011

A Guide to the ICDR International Arbitration Rules By: Martin F. Gusy, James M. Hosking, Franz T. Schwarz

  • 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.

This commentary on the International Centre for Dispute Resolution (ICDR) Rules is a comprehensive reference work for practitioners and arbitrators considering ICDR arbitration.

The International Centre for Dispute Resolution (ICDR) is the international division of the American Arbitration Association (AAA) and given that an excess of 600 arbitrations are now administered every year under the ICDR Rules, this book answers the need for the first comparative guide devoted to them.

The ICDR International Arbitration Rules are structured in accordance with the typical life-cycle of an international arbitration and thus the book follows their 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 37 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.

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.

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