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A Guide to the ICDR International Arbitration Rules, 2nd Edition by Gusy, Martin F; Hosking, James M (21st February 2019)

Part I Commentary on the ICDR International Rules, 32 Article 32—Settlement or Other Reasons for Termination

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, 2015. All Rights Reserved.date: 22 November 2019

Subject(s):
Arbitral tribunals — Arbitration

This chapter discusses Article 32 of the ICDR Rules. Article 23 addresses within its three paragraphs at least four situations in which the arbitration may be terminated other than by provision of a final award: termination upon settlement; termination upon settlement, but where the parties request that a ‘consent award’ be issued; termination because the continuation of the proceeding has become unnecessary or impossible due to non-payment; and termination because the continuation of the arbitration has become unnecessary or impossible for any other reason. The first scenario is probably the most typical, but in all scenarios—except for non-payment—the tribunal is likely to terminate the proceeding subject to payment of any outstanding fees or costs. Article 32(2), concerning suspension or termination for non-payment, is a new provision that was added to the text of this rule with the 2014 amendments.

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