Every competent advocate will know the rules of the arbitral institution. But what about the practices and procedures – institutional habits – that are not in the rules? This program will provide unprecedented insight into the unwritten aspects of arbitration at the International Centre for Dispute Resolution (ICDR). Speakers will not only be representatives of the institution itself, but also arbitrators, counsels and inhouse counsel experienced in working with the ICDR – presenting also critical views and addressing sensitive topics. Questions and contributions to the discussion from attendees are highly encouraged.
Some of the most controversial issues relate to the selection and performance of arbitrators, which will be discussed especially with a view to provide advice for (young) professionals on how to get their (first) appointment as an arbitrator. Another important topic revolves around the question of party autonomy and flexibility of the Rules, especially with regards to hybrid arbitration agreements. Furthermore, the requirements to consolidate international arbitration proceedings subject to other institutional arbitration rules into one proceeding administered only by the ICDR applying its own institutional rules will be discussed. In light of the global pandemic and its financial impact on parties, third-party funding has become increasingly relevant and the panel will discuss whether disclosure of funding and the name of the funder is necessary or recommended as well as any thresholds for conflicts of interest for arbitrators.
Furthermore, the program will take a look at the ICDR's attitude towards handling and supporting virtual hearings, which have become increasingly relevant in the course of the pandemic. Another interesting topic revolves around the question to what extent the tribunal is required (or should) guide and instruct the parties in the course of ICDR proceedings, for example, encourage efficiency and the facilitation of a settlement.
With regards to costs, the program will explore the ICDR's process for planning (e.g. cost advances), determining and assessing the reasonability of arbitrator compensation and expenses with a particular view to the factors that are to be considered. Furthermore, the problem of how to deal with an impecunious party will be addressed.
Finally, a number of unresolved questions around awards will be addressed. This includes in particular the typical timeframe for rendering of the final award, the effect of delays in the proceedings on such timeframe, the recommended or typical structure of an award, the publication of awards as well as issues regarding the scrutiny process at the ICDR.
- Nikolaus Pitkowitz, Graf & Pitkowitz, Vienna
- C. Ryan Reetz, Bryan Cave Leighton Paisner, Miami
- Luis M. Martinez, Vice President of the International Centre for Dispute Resolution (ICDR), New York
- Melida Hodgson, Jenner & Block, New York
- Yasmine Lahlou, Chaffetz Lindsey LLP, New York
- John Fellas, Hughes Hubbard & Reed, New York
- Leon Skornicki, In-House Counsel at Visa Inc., Miami