Part I Commentary on the ICDR International Rules, 21 Article 21— Exchange of Information
Martin F Gusy, James M Hosking
Martin F. Gusy, James M. Hosking
This chapter addresses Article 21, which effectively incorporates into the ICDR Rules the principles outlined in the ICDR Guidelines for Arbitrators Concerning Exchanges of Information (ICDR Guidelines). Article 21 establishes guiding principles for a tribunal to carry out its mandate to manage the exchange of information in a cost-effective and economic manner; but this mandate should take into account wide-ranging differences in international practice and balancing the goals of efficiency and cost-effectiveness against the need for parties to be able to properly present their case and to be heard. It is a welcomed addition to the ICDR Rules, considering that tribunals and counsel often may have divergent views of disclosure that are typically informed by their respective home jurisdictions. Indeed, Article 21 provide a great deal of discretion for tribunals to shape the procedure to the needs of a particular matter.