www.icdr.org | 1 innovation @ icdr mark appel arbitration: the in-house counsel’s perspective...
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INNOVATION @ ICDR
Mark Appel
Arbitration: The In-House Counsel’s Perspective
London | 16 March 2015
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Who We Are
The International Centre for Dispute Resolution (ICDR) is the international division of the American Arbitration
Association (AAA), the world’s largest provider of commercial conflict management and dispute
resolution services (over 223,000 cases in 2014).
ICDR administered 1,052 international cases in 2014.
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History of Innovation
ICDR Manufacturer/Supplier Online Dispute Resolution Protocol2008
Mediation Rules Added – Combined with Arbitration Rules in ICDR International Procedures2003
Energy Arbitrators List Created By an Ad Hoc Industry Group2005
Emergency Measures Procedure Added – 49 Cases to Date2006
ICDR Guidelines for Arbitrators Concerning Exchanges of Information2008
Comprehensive Review of Rules Undertaken – Revised Rules Effective 1 June 2014 2013-2014
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Preliminary / Organisational Hearing1996
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1 June 2014 Rules Revision Highlights
International Expedited
Procedures
Process Management
Tools
Consolidation & Joinder Mediation
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Consolidation Arbitrator
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If consolidated, all cases will be consolidated into the cases that was commenced first. Parties can agree otherwise.Consolidating the Cases
Any party may request the appointment of a consolidation arbitrator who has power to consolidate two or more cases under any ICDR or AAA rules.Applicability of Article
After 15 days from notice of consolidation and the absence of party agreement on process or arbitrator
Time to Appoint Consolidation
Arbitrator
Consolidation arbitrator may order other cases to be stayedConcurrent Proceedings
Parties waive right to appoint arbitrator. The consolidation arbitrator has authority to name one of the existing tribunals, revoke any arbitrator appointment and complete, as necessary, the appointment of the tribunal.
Consolidation Arbitrator Appoints the New Arbitral Tribunal
Rendered within 15 days of final submissions and does not require reasoning.Consolidation Decision
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International Expedited Procedures
< $250,000 USD Opt Out
$100,000 USD Documents Only
Can Apply to Any Size Case By Agreement
Detailed Notice and Answer / Counter Claimwith "all available evidence relied upon"
Single Arbitrator Appointed Using ICDR List Selection Process
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Procedural order within 14 days of appointment
Written submissions or oral evidence within 60 days of appointment
Award within 30 days of close of hearing
Truncated Time Schedule
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Mediation
Tools for Managing Time and Costs
Administrator May Invite
Concurrent Arbitration / Mediation Absent Agreement
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Tools for Managing Time and Costs
ARTICLE 20 (7): …parties shall…avoid unnecessary delay and expense in the arbitration. The arbitral tribunal may allocate costs, draw adverse inferences, and take such additional steps as are necessary to protect the efficiency and integrity of the arbitration.
ARTICLE 20 (1): ...tribunal may conduct the arbitration in whatever manner it considers appropriate, provided…parties are treated with equality and…has the right to be heard and…given a fair opportunity to present its case.
Conduct of Proceedings / Dilatory Tactics
ARTICLE 20 (2): …tribunal shall conduct the proceedings with a view to expediting the resolution of the dispute. …may…conduct a preparatory conference…may consider how technology, including electronic communications, could be used to increase the efficiency and economy of the proceedings.
ARTICLE 20 (3): ...tribunal may decide preliminary issues, bifurcate proceedings, direct the order of proof, exclude cumulative or irrelevant testimony or other evidence, and direct the parties to focus their presentations on issues whose resolution could dispose of all or part of the case.
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Article 30(1): …tribunal shall make every effort to deliberate and
prepare the award as quickly as possible after the hearing. Unless
otherwise agreed by the parties, specified by law, or determined by the
Administrator, the final award shall be made no later than 60 days
from the date of the closing of the hearing. …
Time of Award
Tools for Managing Time and Costs
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Thank You – Additional Resources
Richard NaimarkSenior Vice President
Global and Asia
T: +1 212 716 3931E: [email protected]
Mark AppelSenior Vice President
Europe, Middle East and Africa (EMEA)
T: +356 99 54 77 99E: [email protected]
Steven AndersenVice President
Canada, Mexico and United States
T: +1 619 813 2889E: [email protected]
Luis MartinezVice President
Latin America and United States
T: +1 212 716 5833E: [email protected]
Thomas VentroneVice President
CaseManagement
T: +1 212 484 4115E: [email protected]
Michael LeeVice President
Asia
T: +65 6227 2879E: [email protected]
ICDR Executive Team
http://go.adr.org/icdrrules
Download Rules
Articles:The New ICDR International Arbitration RulesBy Paul Friedland & John Templeman, White & Case LLP
Why Can’t Arbitration Go Faster? The ICDR Brings Expedited to InternationalBy Michael McIlwrath, General Electric Company