International Centre for Dispute Resolution

From WikiMediation

Revision as of 12:09, 25 May 2010 by Thomas LOP VIP (Talk | contribs)
(diff) ← Older revision | Current revision (diff) | Newer revision → (diff)
Jump to: navigation, search

Contents

General Information

  • Official name: International Centre for Dispute Resolution
  • Country: USA – Europe (43 countries worldwide)
  • City: -
  • Type of organization: independent international organization
  • Date of creation: 1996
  • Interests: Arbitration - Mediation
  • Fields of expertise: International commercial Disputes

Background Information

The International Centre for Dispute Resolution® (ICDR), the international division of the AAA, was established in 1996 to provide the same high-quality Alternative Dispute Resolution (ADR) services available in the U.S. to individuals and organizations around the globe. Like the AAA, the ICDR administers cases impartially and efficiently while successfully tackling the additional challenges of resolving international conflicts.

The ICDR's expertise in the administration of international arbitrations is well recognized. The ICDR has established cooperative agreements with 62 arbitral institutions in 43 countries worldwide. These agreements enable arbitration cases to be filed and heard virtually anywhere in the world.

Once a case is filed utilizing the ICDR's international rules, case managers who are fluent in at least 13 languages and experienced in the complexities of overseas arbitration and mediation matters work to keep clients up-to-date on the progress of their case and assist in resolving these cases expeditiously. The ICDR maintains a worldwide panel of more than 400 independent arbitrators and mediators to hear and resolve cases.

The ICDR, which handles several hundred multinational cases each year, also maintains offices in Europe and Mexico City, Mexico.

Features of ICDR Arbitration

The ICDR administers the arbitration, but does not itself serve as an arbitrator. The parties may designate the arbitrator or arbitrators by their own agreement. If they do not do so, the ICDR will, at the request of any party, make the appointment. If the parties have not already agreed on the number of arbitrators, the ICDR will appoint a single arbitrator, unless it decides that a three-person arbitration tribunal is warranted by the size, complexity, or other circumstances of the case.

If the parties have agreed in writing to arbitrate their dispute under the ICDR’s International Arbitration Rules, or have agreed to arbitration by the ICDR or the American Arbitration Association (AAA) without designating particular rules, the arbitration procedure will be governed by the International Arbitration Rules. Under those rules, the arbitrators will apply the substantive laws or rules of law designated by the parties. If the parties do not make the designation, the arbitrators will apply the laws or rules of law they determine are appropriate.

Under the ICDR’s International Arbitration Rules, if the parties have not agreed otherwise, the language used in the arbitration will be the language of the document containing the arbitration agreement. The arbitrators have the power to designate another language based on the parties’ contentions and the circumstances of the case.

Furthermore, the rules contain an emergency-relief procedure. Under this procedure, before appointment of the arbitrators to decide the case, a party may notify the ICDR and the other parties of the party’s need for emergency relief. The ICDR will appoint an “emergency arbitrator” empowered to order injunctive relief or other provisional measures. The emergency arbitrator will hear and decide the emergency application on an expedited basis.

Increasingly, the international business community is using arbitration to resolve commercial disputes arising in the global marketplace. Supportive laws are in place in many countries that provide a favorable climate for the enforcement of arbitration clauses. International commercial arbitration awards are recognized by national courts in most parts of the world.

To help parties pursue dispute resolution in an international setting, the AAA has established the International Centre for Dispute Resolution® (ICDR). The Centre is charged with the exclusive administration of all of the AAA's international matters. The ICDR's experience, international expertise, and multilingual staff form an integral part of the dispute resolution process. The ICDR's international system is premised on its ability to move matters forward, facilitate communications, ensure that qualified arbitrators and mediators are appointed, control costs, understand cultural sensitivities, resolve procedural impasses, and properly interpret and apply its International Arbitration and Mediation Rules. Additionally, the ICDR has many cooperative agreements with arbitral institutions around the world for facilitating the administration of its international cases.

The ICDR offers clients the opportunity to file cases under specific sets of rules, which allow clients to choose where a dispute will be arbitrated as well as provide a mechanism to select a skilled arbitrator or mediator with the appropriate language skills.

The filing process has been streamlined to give customers the fastest possible service and the easiest way to file. International cases may now be filed with AAA/ICDR Case Filing Services, a central department where experts in intake move each matter forward quickly and are available to answer any case-filing questions.

International Mediation

The parties might wish to submit their dispute to an international mediation prior to arbitration. In mediation, an impartial and independent mediator assists the parties in reaching a settlement but does not have the authority to make a binding decision or award. International Mediation is administered by the ICDR in accordance with its International Mediation Rules. There is no additional administrative fee where parties to a pending arbitration attempt to mediate their dispute under the ICDR's auspices.

If the parties want to adopt mediation as a part of their contractual dispute settlement procedure, they can insert the following mediation clause into their contract in conjunction with a standard arbitration provision:

  • If a dispute arises out of or relates to this contract, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation in accordance with the International Mediation Rules of the International Centre for Dispute Resolution before resorting to arbitration, litigation or some other dispute resolution procedure.

If the parties want to use a mediator to resolve an existing dispute, they can enter into the following submission:

  • The parties hereby submit the following dispute to mediation administered by the International Centre for Dispute Resolution in accordance with its International Mediation Rules. (The clause may also provide for the qualifications of the mediator(s), method of payment, locale of meetings and any other item of concern to the parties.)

The ICDR can schedule the mediation anywhere in the world and will propose a list of specialized international mediators.

International Arbitration

As the ICDR is a division of the AAA, parties can arbitrate future disputes under these Rules by inserting either of the following clauses into their contracts:

  • "Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be determined by arbitration administered by the International Centre for Dispute Resolution in accordance with its International Arbitration Rules."

or

  • "Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be determined by arbitration administered by the American Arbitration Association in accordance with its International Arbitration Rules."

The parties may wish to consider adding: (a) "The number of arbitrators shall be (one or three)"; (b) "The place of arbitration shall be (city and/or country)"; or (c) "The language(s) of the arbitration shall be ________________."

Parties are encouraged, when writing their contracts or when a dispute arises, to request a conference, in person or by telephone, with the ICDR, to discuss an appropriate method for selection of arbitrators or any other matter that might facilitate efficient arbitration of the dispute.

Links

International Dispute Resolution Procedures

Contact

Tel: +353 (0) 868-201054

Email: AppelM@adr.org

Official Website

Personal tools
WikiMediation Partners