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Part I Commentary on the ICDR International Rules, 1 Article 1—Scope of These Rules

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, 2022. All Rights Reserved.date: 18 August 2022


This chapter discusses the scope of application of the ICDR Rules. Within its four paragraphs, Article 1 of the ICDR Rules introduces the ICDR’s mandate; sets the boundaries for institutional jurisdiction and delegates authority to the Administrator; provides for the ICDR to be the exclusive administrator of all international arbitrations under the auspices of the AAA; prescribes the ICDR Rules’ scope of application; declares the ICDR Rules subject to any mandatory laws; and deems smaller disputes to be handled pursuant to the new International Expedited Procedures. Importantly, Article 1(1) provides that the ICDR Rules will be applied in either of two ways: (i) with an agreement to arbitrate ‘under these International Arbitration Rules’; or (ii) if the parties have provided ‘for arbitration of an international dispute by the [ICDR] or the [AAA] without designating particular rules’. In either scenario, the parties agreed to institutional as opposed to ad hoc arbitration.

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