What is ICDR?
The ICDR is the international division of the American Arbitration Association (AAA). ICDR provides dispute resolution services anywhere in the world, chosen by the parties. ICDR arbitrators and mediators can handle dispute resolution in any language chosen by the parties.
What are the ICDR Rules?
The ICDR Rules give parties and arbitrators the power to control their own processes. Especially when ICDR arbitrators and mediators resolve disputes together, it provides cost-effective and short-term resolution to the parties in disputes in a wide variety of sectors. ICDR decisions are implemented in jurisdictions around the world.
The three most commonly chosen rules for disputes dealt with by the ICDR are:
• ICDR International Dispute Resolution Procedures - 1 March 2021
• ICDR International Dispute Resolution Procedures - 1 June 2014
• AAA Commercial Rules and Mediation Procedures
UNCITRAL Rules can also be chosen to be implemented by the ICDR.
To apply for ICDR, it is sufficient to fill out the application form.
ICDR International Dispute Resolution Procedures March 1, 2021
ICDR Procedures are international regulations designed to provide efficient, economical and fair transactions. These Procedures are designed to provide a dispute resolution framework for the parties to a dispute, its lawyers, arbitrators, and mediators.
The arbitration may be internationally recognized and administered by the ICDR if the parties to an arbitration agreement have:
• If the workplaces are in different countries,
• If a significant part of the obligations to fulfill commercial relations is outside the country of any party,
• The place to which the subject of the dispute is strictly bound is located outside the country of either party;
• The place of arbitration is outside the territory of either party,
• A party with more than one business (including the parent company and / or subsidiary) is located outside the country of either party.
The ICDR Procedure consists of four parts. The first chapter is organized under the title of "International Mediation", which consists of 19 articles. The parties can try to resolve their disputes through mediation. Mediation can be planned independently from or in conjunction with arbitration.
The second chapter of the procedure consists of the title "International Arbitration". A dispute can be submitted to the arbitration court for a final and binding decision. In ICDR arbitration, the rules set out in this Procedure are applied to each party. The section "International Arbitration" consists of 42 articles.
The third part of the procedure mentions expedited procedures. Expedited procedures provide parties with an expedited and simplified arbitration procedure designed to reduce the time and cost of arbitration. Expedited Procedures are applicable in cases where the claim or counterclaim disclosed does not exceed $ 500,000, excluding interest and arbitration costs.
The last section regulated the administrative fee scales.
ICDR International Dispute Resolution Procedures The difference between June 1, 2014 and March 1, 2021 is the amount of money for which expedited procedures will be implemented. The Procedure dated June 1, 2014 regulates that accelerated procedures will apply where they do not exceed $ 250,000. After the ICDR International Dispute Resolution Procedures were published on March 1, 2021, the 2014 Procedure was not preferred.
American Arbitration Association Commercial Rules and Mediation Procedures
Millions of commercial transactions take place every year and disputes may occur in these transactions. Most of these disputes are resolved through arbitration.
The American Arbitration Association (AAA), a nonprofit public service organization, serves business executives, lawyers, individuals, trade associations, trade s, administration, consumers, families, communities and all levels of government.
The AAA Procedure regulated arbitration and mediation. It has 58 articles on arbitration and 17 articles on mediation. AAA's services often result in the communication of the arbitration award. Although the majority of decisions are complied with voluntarily, if necessary, the dispute may be brought in a court of appropriate jurisdiction.
UNCITRAL Arbitration Rules
The parties may agree that disputes between them in terms of a defined legal relationship will be referred to arbitration in accordance with the UNCITRAL Arbitration Rules, whether contractual or not.
The party or parties seeking arbitration are required to make a notice of arbitration to the other party or parties. The arbitration proceedings are deemed to have started on the date the notice of arbitration reaches the other party. If the parties have not previously agreed on the number of arbitrators or the number of arbitrators has not been agreed within 30 days after the request for arbitration has been submitted, three arbitrators will be appointed. If the parties have agreed that the arbitrator to be appointed will be the sole arbitrator, but no agreement has been reached within 30 days after the proposal for the appointment of the sole arbitrator was received by all other parties, the sole arbitrator will be appointed at the request of one party. If three arbitrators are to be ed, each party s one arbitrator. Two arbitrators chosen in this way the third arbitrator who will preside over the arbitral tribunal. While exercising its discretion, the arbitral tribunal conducts the proceedings by avoiding unnecessary delays and costs and by providing a fair and effective trial to the parties for the settlement of the dispute. If the parties have not previously agreed on the place of arbitration, the place of arbitration is determined by the arbitrator, taking into account the circumstances and conditions of the incident. Once appointed, the arbitral tribunal decides quickly on the language or languages to be used in the proceedings, in accordance with the agreement of the parties.