Part I Commentary on the ICDR International Rules, 4 Article 4—Administrative Conference
Martin F Gusy, James M Hosking
Martin F. Gusy, James M. Hosking
- Arbitral tribunals — Arbitration
This chapter assesses Article 4 of the 2014 ICDR Rules. Article 4 incorporates a long-standing ICDR practice by which the ICDR conducts an administrative conference before the arbitral tribunal is constituted to facilitate party discussion and agreement on issues such as arbitrator selection, mediating the dispute, process efficiencies, and any other administrative matters. No other major international arbitration rules contain a similar provision. The administrative conference affords the parties an opportunity to air their objectives for management of the case and, if possible, to reach arguments on administrative issues. Depending on the complexity of the case, and the familiarity of both sides with the factual and legal issues, the administrative conference may also permit an opportunity to arrive at stipulations of uncontested facts, identify potential witnesses, provide for advance exchange of information, and consider the possibility of utilizing a documents-only process.