Part II Commentary on the International Expedited Rules, 41 Articles E-2 to E-5—Commencing a Case Under the Expedited Procedures
Martin F Gusy, James M Hosking
Martin F. Gusy, James M. Hosking
- Arbitration — Counterclaims
This chapter examines Articles E-2 through E-5 of the ICDR Rules, which contain provisions on how an arbitration should be commenced under the Expedited Procedures. Although these provisions preserve the arbitrator’s authority to resolve certain issues, Articles E-2 through E-5 generally address matters that will not yet involve the arbitrator. These include submission of the initiating document and answering document, the preliminary administrative conference call, objection to application of the Expedited Procedures, and amendment of claims and counterclaims. Ultimately, the provisions in Articles E-2 through E-5 are designed to facilitate an expedited resolution of the dispute by frontloading certain activities in the arbitration and by preliminarily resolving procedural matters before the case is transferred to the arbitrator.