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

Subject(s):

Arbitration

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.