The International Centre for Dispute Resolution (ICDR) is the international division of the American Arbitration Association. It was established in 1996 and now it provides services in more than 80 countries.
Disputes
The ICDR administers a range of international disputes, but it’s becoming more prominent for disputes in the Energy, Technology, and Life Sciences industries.
The ICDR now has a list of Energy Arbitrators who specialise in international energy disputes. That means that parties to these disputes have dedicated arbitrators who understand the issues, and parties can search the list by reference to country, region, industry, language and keywords.
The ICDR is proactive in the Technology and Life Sciences sectors. It is seeking to address the unique challenges in these disputes. In 2023 it released a consultation to gather feedback from international practitioners to refine arbitration services for these sectors, and it has established a Global Working Group to conduct studies to develop practical proposals for helping resolve disputes in these industries.
Other industries which bring their disputes to the ICDR include; Construction, Financial Services, and Entertainment.
The institution also administers UNCITRAL arbitrations.
Interest in using the ICDR for ADR is growing and in 2023, the ICDR saw a total of 848 cases filed, which was a 12% increase on the year before.
Rules
The ICDR has a number of different rules, which the parties can choose to use. The rules empower the parties to control their own processes. The most widely selected rules for cases handled by the ICDR are the:
- ICDR International Dispute Resolution Procedures
- Commercial Arbitration Rules and Mediation Procedures
- Construction Industry Arbitration Rules and Mediation Procedures
Unique features
The ICDR has a partnership with Jus Mundi for the publication of certain arbitration awards, in compliance with Article 40 of the ICDR’s International Arbitration Rules. The reason for publishing some awards is to give customers greater knowledge of the field of ADR.
However, one of the benefits of arbitration is that awards should be confidential. In order to balance the confidentiality aspect with the educational value, the awards are redacted and reviewed before publishing.
Another unique feature is the existence of the AAA-ICDR Foundation, which funds projects that promote conflict resolution and prevention in communities around the world.
Fees
Fees are calculated by reference to the amount in dispute, and depends on the rules that the parties select. There is a helpful fee calculator on the ICDR’s website.
There are two options for the payment of administrative fees; the Standard Fee Schedule and the Flexible Fee Schedule. Both schedules are based on the amount of the claim or counterclaim, but the Standard Fee Schedule is a two-payment plan, whereas the Flexible Fee Schedule allows for three payments.
The Standard Schedule has slightly lower overall administrative fees for cases that proceed to a hearing. Find the full schedule of fees here.
As is the case with all other arbitrations, the arbitrator(s) will charge their fees on top of the administrative fees.
