Part I Commentary on the ICDR International Rules, 15 Article 15—Replacement of an Arbitrator
Martin F Gusy, James M Hosking
Martin F. Gusy, James M. Hosking
- 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.