AAA-ICDR Asia Case Management Centre

Nobody reads arbitration rules for pleasure. Well... almost nobody. But whether you are drafting an arbitration clause, advising on a procedural question, or preparing for the Vis Moot or Vis East Moot, knowing your way around the rules is rather useful. Yanett Quiroz Valdovinos and I recently hosted a webinar introducing the ICDR International Dispute Resolution Procedures. Institutional rules are not simply a set of instructions to follow once a dispute arises. They establish the framework within which parties and tribunals exercise procedural choices. Those choices can have real consequences for time, cost, and strategy. And while the Vis participants among you may currently be spending rather more time with arbitration rules than you ever imagined possible, the rest of us have good reason to revisit them too. That is about as persuasive a case for spending an hour on arbitration rules as I can make 😂 If you missed the live webinar, the recording is available on the AAA-ICDR Vis Microsite: https://lnkd.in/g8fNf55a American Arbitration Association-International Centre for Dispute Resolution® (ICDR) #ResolveForBetter #Arbitrate #Mediate

Inside an ICDR Arbitration: What happens when the parties haven't agreed on everything? The default provisions of institutional rules are worth examining because they reveal how an institution approaches procedural choice. The ICDR Rules offer several examples. What happens when parties haven’t stipulated the number of arbitrators? Under Art 12, the starting point is a sole arbitrator, but a party may apply to IARC for the appointment of a three-member tribunal. IARC may grant the request where the size, complexity, or other circumstances of the case warrant it. What happens when the parties haven’t stipulated or otherwise agreed the process for appointing arbitrators? The ICDR process offers two opportunities for party participation. Art 13 provides for a list procedure through which they can strike proposed arbitrators and rank the remaining candidates in order of preference. The appointment process is typically discussed during the Administrative Conference (Art 4), to ascertain the parties’ preferences regarding arbitrator qualifications. Parties therefore retain a meaningful voice in the constitution of the tribunal. The seat of arbitration is another interesting example. Unlike some institutional rules that designate a default seat, or model clauses that suggest one, neither the ICDR model clause nor the ICDR Rules prescribe a particular seat. Absent agreement, a party may apply to IARC for an initial determination, but the tribunal retains the authority to determine the seat once constituted. (Art 19) Language follows a similar approach in that the ICDR Rules do not prescribe a default language. Under Art 20, absent agreement, the language of the documents containing the arbitration agreement is the initial language of the arbitration, subject to the tribunal determining otherwise. (Spanish is the top non-English language used in our caseload.) And then there is mediation. Under Art 6, unless parties agree otherwise or a party elects not to participate, mediation is contemplated concurrently with arbitration. This reflects something broader about the AAA-ICDR's approach to dispute resolution: a commitment not only to resolving disputes fairly and efficiently, but also to encouraging collaborative means of resolution wherever possible. What strikes me about these provisions is how practical the underlying choices are. For language, start with the language of the arbitration agreement. For the seat, leave room for the circumstances of the case. For tribunal composition, start with one arbitrator unless there is good reason for three. And for mediation, create an opportunity for settlement without allowing it to hold up the arbitration. There is no single approach to filling the gaps parties leave in their agreements, and perhaps that is precisely the point. American Arbitration Association-International Centre for Dispute Resolution® (ICDR) #ResolveForBetter #Arbitrate #Mediate

Vis mooties, coaches, arbitrators, and anyone helping the next generation of advocates prepare: bookmark this page. Our AAA-ICDR microsite for the 2027 Vis Moots is now live! With the ICDR International Arbitration Rules providing the procedural framework for both the 34th Vis Moot in Vienna and the 24th Vis East Moot in Hong Kong, we have been putting together resources to help teams prepare. The microsite will be our central home for everything Vis-related, including: - The Moot problem, ICDR Rules in multiple languages, and other key resources. - Announcements for our forthcoming educational programs, including the ICDR Moot Academy. - Webinar recordings, available as the ICDR Moot Academy series progresses. - Information and registration for our 20th Annual AAA-ICDR Practice Moot and Lecture Series in New York. And we have plenty more planned between now and the competitions. Whether you are competing, coaching, volunteering as an arbitrator or simply interested in supporting the next generation, I hope you will find something useful here. 🔗 https://lnkd.in/g8fNf55a And please don't hesitate to reach out if there are additional resources you would find helpful as preparations get underway. We're always happy to hear suggestions! American Arbitration Association-International Centre for Dispute Resolution® (ICDR) #ResolveForBetter #Arbitrate #Mediate

A dispute resolution process is only as effective as the result it delivers. And that requires thinking well beyond the choice between arbitration and mediation. I'll be in Manila for Philippine ADR Week 2026, organized by the Department of Justice's Office for Alternative Dispute Resolution (OADR), and joining a panel on "Harmonizing the ADR Mechanisms: Building a Seamless Path from Avoidance to Enforcement". How should parties choose between different dispute resolution mechanisms, or combine them? What happens when a dispute crosses jurisdictions with different legal systems and procedural expectations? And why do we so often treat enforcement as an issue to be considered at the end, rather than at the outset? These are not merely questions of procedural design. They go to the commercial utility of dispute resolution itself. Looking forward to exchanging perspectives with Dan Tan, Mursal Maulana, and Jared P. Amoroso, under the moderation of Zenith Europa FSIArb MCIArb. 📍 12 October 2026 | Century Park Hotel, Manila For those attending, I hope to see you there! American Arbitration Association-International Centre for Dispute Resolution® (ICDR) #ResolveForBetter #Arbitrate #Mediate

Inside an ICDR Arbitration: Who actually does what? Over the next few weeks, I’ll be looking inside the ICDR process: how an international arbitration moves from filing, through early administration and tribunal constitution, to active case management. A sensible place to start is with the cast. The International Centre for Dispute Resolution (ICDR) is one of many divisions of the American Arbitration Association (AAA). It administers international arbitrations and mediations, and has resolved more than 22,000 international disputes since 1996. The ICDR administers disputes under many rulesets, including the ICDR International Dispute Resolution Procedures, various AAA rulesets, and the UNCITRAL Rules. The ICDR International Arbitration Rules may apply even if the parties have not expressly named them. Article 1 also captures agreements providing for the arbitration of an international dispute (i.e., non-US domestic dispute) by the ICDR or AAA without designating particular rules. But the institution itself does not decide the merits of the dispute. Its role is to administer the proceedings, and certain institutional decisions are made through the International Administrative Review Council (IARC). IARC is an internal committee of the AAA-ICDR, not a court of arbitration. Under Article 5, where the Administrator is called upon to act under the Rules, it may do so through IARC. Its functions can include determining challenges to arbitrators, resolving disagreements about the number of arbitrators, deciding whether the administrative requirements for initiating an arbitration have been satisfied, and making an initial determination of the seat where the parties cannot agree. These are important decisions, but they are not the same as adjudicating the dispute. That responsibility belongs to the arbitral tribunal once constituted. Under Article 21, the tribunal has the power to determine its own jurisdiction, including objections concerning arbitrability and the existence, scope or validity of the arbitration agreement. The distinction matters because an objection raised at the outset of proceedings may engage different decision-making functions. A question about whether the administrative requirements for filing have been met is not necessarily the same as a question about whether the tribunal has jurisdiction to hear the claims. Understanding that division of responsibility is a useful starting point for understanding the ICDR process as a whole. The institution and the tribunal have different functions, but both play essential roles in moving an arbitration from commencement to resolution. And sometimes, before asking who is right, the more immediate question is simply: who decides? American Arbitration Association-International Centre for Dispute Resolution® (ICDR) #ResolveForBetter #Arbitrate #Mediate

And so it begins. 📚 The Vis Moot Problem is out. Across the world, students are opening 58 pages with optimism, curiosity, and, if recollection serves me correctly, the touching belief that every sentence must surely mean what it says. This year’s Problem has plenty to keep teams occupied. Interesting procedural questions. Interesting substantive questions. And, naturally, absolutely no clues from me. What I can say is that understanding the context in which these issues arise matters enormously. So watch this space for the ICDR Moot Academy. We have some things planned, together with friends at institutions around the world, to help you better understand the landscape behind the Problem. Meanwhile, Moot season is wasting no time. We kicked things off with our introductory webinar on 30 September, with hundreds joining us. The recording will be available shortly. And next up: 4 October: Central Asia Dispute Resolution Association Kick-Off Pre-Moot 8 October: Moot Alumni Association Webinar on Kick-Starting Your Vis Moot Preparation Then come the memorials, the practices, the pre-moots, and the annual discovery that your opponent has somehow found an authority you have never seen before. Godspeed! American Arbitration Association-International Centre for Dispute Resolution® (ICDR) #ResolveForBetter #Arbitrate #Mediate

Luis Martinez, Yanett Quiroz Valdovinos, and I will be hosting a webinar in a few hours introducing the ICDR framework. The rules are relevant beyond cases already being administered under them. For counsel, arbitrators, academics, and the next generation of arbitration practitioners, understanding how an institutional framework is designed is part of understanding how international arbitration actually works. That includes this year’s Vis Moot and Vis East Moot participants. Moot problems have a useful habit of turning apparently straightforward procedural provisions into rather more interesting questions. 📅 30 September 2026 🕣 8:30–9:30am Eastern / 8:30-9:30pm Singapore 🔗https://lnkd.in/grKw5AQy If ICDR procedure features in your practice, teaching, studies, or mooting this year, do sign up and join us. American Arbitration Association- International Centre for Dispute Resolution® (ICDR) #ResolveForBetter #Arbitrate #Mediate