Part I Commentary on the ICDR International Rules, 17 Article 17—Place of Arbitration
Martin F Gusy, James M Hosking
Martin F. Gusy, James M. Hosking
- Arbitral tribunals — Arbitration
This chapter details Article 17 of the ICDR Rules, which presumes that the parties to an arbitration will choose the place or seat of arbitration in the arbitration agreement. Parties are well advised to do so due to the important role that the seat of arbitration plays in any arbitration. In practice, a majority of arbitration agreements specifically designate a seat of arbitration; for ICDR arbitrations, the US remains the most popular host country, and New York the most popular seat. Importantly, Article 17 provides for the situation in which the parties have failed to agree on a place of arbitration, authorizing the ICDR administrator initially to determine the place of arbitration for the parties, but with the final determination resting with the tribunal.