Website : http://www.icdr.org
The International Centre for Dispute Resolution (ICDR) was established in 1996 as the international division of the American Arbitration Association (AAA), a leading provider of arbitration and mediation services since 1926. The ICDR provides conflict-management services to businesses and organisations in matters involving cross-border transactions around the world. Multinational and multilingual lawyers manage the ICDR’s caseload, and have access to worldwide panel of hundreds of independent arbitrators and mediators. Along with cooperative agreements with institutions in over 80 countries, the ICDR provides parties from a broad range of industries with an efficient and flexible, party-centred process.
ICDR executive and case-management team
The executive team consists of:
- Eric P Tuchmann, senior vice president and general counsel – oversees the ICDR, based in New York City;
- Steve K Andersen, vice president – directs operations in Canada, Mexico and the United States;
- Michael D Lee, vice president – directs operations in Asia, based in Singapore;
- Luis M Martinez, vice president – directs operations for the east coast of the United States, Central and South America, the Caribbean, Spain, and Portugal; and
- Thomas M Ventrone, vice president – directs the ICDR’s Case Management Center, based in New York City.
Additional members of the ICDR team include multilingual professionals trained and experienced to deal with different legal systems, cultures and arbitration practices from around the world.
The ICDR manages cases with hearings that take place around the world, from dedicated offices in New York City, Singapore, Houston and Miami; a presence in Mexico City and Seoul; and 23 other ICDR-AAA offices. The ICDR’s global network of cooperative agreements also provides access to hearing rooms, facilities and additional information.
The ICDR international dispute resolution procedures
The ICDR’s Arbitration Rules are based on the UNCITRAL Arbitration Rules but incorporate modifications to make them consistent with modern arbitration practice. The current ICDR Rules underwent a complete revision in 2014. They empower parties and arbitrators to adapt the rules to their cases – a truly party-centered process.
Parties can select from various options within the ICDR administrative structure, including the applicable rules, arbitrator appointment methods, fee schedules and online case access. Arbitrators are provided with the authority to manage and decide cases consistent with various legal traditions and cultural differences, and issue awards that will be recognised and enforced pursuant to the New York Convention and other enforcement treaties.
The ICDR is a pioneer in implementing innovative rules and procedures, for example, it was the first major institution to incorporate rules that provide for emergency interim relief. ICDR Rules are available in eight languages.
The ICDR Roster of Arbitrators
The ICDR Roster comprises hundreds of highly regarded and diverse professionals, attorneys and dispute resolution experts. The expert industry panels maintained by the ICDR include the Aerospace, Aviation, and National Security, Construction, Technology, and Energy Arbitrators List panels.
The ICDR arbitrator selection process
The ICDR arbitrator selection process is unlike other institutions, and allows for significant party input and choice. Parties are first encouraged to agree on the appointment of arbitrators, and the parties may be provided with online access to the ICDR’s Roster to assist in that process. However, if the parties do not mutually agree on their arbitrators the ICDR will compile a list of potential arbitrators based on the qualifications specified by the parties, such as nationality, expertise in a particular industry or language capabilities. Arbitrators are then appointed based on the parties’ rank order preference of the individuals on the list.
Parties can insert the standard ICDR arbitration clause, a stepped dispute resolution clause that includes mediation and arbitration, or they can customise their clause further with options such as the applicable rules, arbitrator qualifications, language and locale, among others. An online and publicly accessible clause-building tool is also available at www.icdr.org or www.clausebuilder.org.
The ICDR offers parties two options for the payment of administrative fees – the standard fee schedule and the flexible fee schedule. For both schedules, administrative fees are based on the amount of the claim or counterclaim. Arbitrator compensation is not included in either.
Eric P Tuchmann
Senior Vice President and General Counsel