A Guide to the ICDR International Arbitration Rules
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By: Martin F. Gusy, James M. Hosking, Franz T. Schwarz
This commentary on the International Centre for Dispute Resolution (ICDR) Rules is a comprehensive reference work for practitioners and arbitrators considering ICDR arbitration. The second edition is fully revised and updated to reflect the 2014 ICDR Rules revision. The International Centre for Dispute Resolution (ICDR) is the international division of the American Arbitration Association (AAA). Given that in excess of 600 arbitrations are now administered every year under the ICDR Rules, this book answers the need for a comprehensive comparative guide devoted to them. The ICDR International Arbitration Rules are structured in accordance with the typical life-cycle of an international arbitration and the book follows this 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 39 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. The second edition of 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.
AI Overview
"A Guide to the ICDR International Arbitration Rules" by Martin F. Gusy, James M. Hosking, and Franz T. Schwarz is a comprehensive guide to the International Centre for Dispute Resolution (ICDR) arbitration rules. Here is a detailed overview of the book:
Key Themes
- Comprehensive Guide: The book provides a thorough review of the ICDR International Arbitration Rules, which are administered by the international division of the American Arbitration Association (AAA).
- Updated Edition: The second edition, published in 2019, is fully revised and updated to reflect all changes and updates to the rules since the first edition.
- Structural Approach: The book is structured in accordance with the typical life cycle of an international arbitration, making it easier for readers to understand the relationship between various rules and the issues likely to be encountered during an arbitration.
- Comparative Perspective: The guide includes a comparative perspective, emphasizing key issues to consider when drafting an arbitral clause or strategizing over the conduct of an arbitration. It also discusses how each provision compares to analogous rules of other major arbitral institutions.
Plot Summary
The book covers the ICDR International Arbitration Rules in detail, including:
- Introduction to ICDR Arbitration: An overview of the ICDR and its role in international arbitration.
- ICDR Rules: A comprehensive review of each Article in the ICDR Rules, including the Expedited Procedure Articles.
- Comparative Analysis: Discussion of how each provision compares to analogous rules of other major arbitral institutions like the ICC, LCIA, and UNCITRAL.
- Appendices and Resources: The book includes multiple appendices with difficult-to-find resources such as the ICDR Rules, administrative fee schedule, guidelines for exchanges of information, practice notes, and key AAA cooperation agreements with other institutions.
Critical Reception
The book has received positive reviews for its comprehensive and updated coverage of the ICDR International Arbitration Rules. Here are some key points from the critical reception:
- Essential Read: The second edition is considered an essential read due to the significant scale of the 2014 amendments, which aimed to improve the speed and cost-effectiveness of ICDR arbitration proceedings.
- Thorough Commentary: The commentary is praised for embracing each of the Articles in their entirety, providing a thorough understanding of the rules and their application.
- Practical Utility: The guide is noted for its practical utility, making it a valuable resource for both non-specialist lawyers and experienced arbitration practitioners.
Overall, "A Guide to the ICDR International Arbitration Rules" is a highly regarded resource for anyone involved in international arbitration, particularly those dealing with the ICDR rules. Its comprehensive coverage, updated revisions, and comparative analysis make it a valuable tool for strategizing and conducting arbitrations effectively.