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Part I Commentary on the ICDR International Rules, 20 Article 20—Conduct of Proceedings

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

Arbitral tribunals — Arbitration — Conduct of proceedings

This chapter assesses Article 20 of the ICDR Rules, which regulates the procedure by which the parties will conduct their arbitration before the tribunal. Article 20 is said to grant the tribunal more discretion in this regard than the majority of other institutional rules. Still, in practice, the parties have significant influence over the process. The tribunal’s discretion is, of course, subject to the explicit directive of Article 20 that the parties be provided due process and a fair opportunity to be heard. Moreover, Article 20 mandates the tribunal to expedite the procedure to the extent possible. The 2014 amendments to the ICDR Rules added several provisions to Article 20 to further that mandate. The revised Rules also require the parties to ‘make every effort to avoid unnecessary delay and expense in the arbitration’.

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