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A Guide to the ICDR International Arbitration Rules, 2nd Edition by Gusy, Martin F; Hosking, James M (21st February 2019)

Part I Commentary on the ICDR International Rules, 15 Article 15—Replacement of an Arbitrator

Martin F Gusy, James M Hosking

From: A Guide to the ICDR International Arbitration Rules (2nd Edition)

Martin F. Gusy, James M. Hosking

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 11 December 2019

Subject(s):
Replacement of arbitrator — Arbitrators

This chapter discusses Article 15 of the ICDR Rules, which addresses the replacement of an arbitrator and its consequences, such as a repetition of prior proceedings. This involves a delicate balancing act: a substitute arbitrator must be able to consider all of the details of the case, while the parties may want to avoid starting the case over or repeating significant portions of the proceedings because doing so creates time and cost burdens. Article 15(3) further provides for the possibility of a truncated tribunal in certain circumstances. Importantly, the application of Article 15(1) applies to a broad range of circumstances where: an arbitrator resigns; an arbitrator is incapable of performing the duties of an arbitrator; or an arbitrator is removed for any reason and the office becomes vacant.

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