Services offered by ICADR

Services for procedures under the rules

To facilitate the conduct of arbitral proceedings that the parties have agreed to conduct under the Arbitration rules, the ICADR will-

(a) perform the functions of the appointing authority whenever-

(i) the ICADR has been so designated by the parties in the arbitration clause of their contract or in a separate agreement, or

(ii) the parties have agreed to submit a dispute to the ICADR under the Arbitration rules without specifically designating it as the appointing authority; and

(b) provide the administrative services herein specified when required by the agreement, or when requested by all parties, or by the arbitral tribunal with the consent of the parties.

Services as the registry

(1) On receiving a request in pursuance of rule 5(2)or 5(3), the ICADR will register the request and intimate in writing to the parties the registration number of the case which shall be quoted by the party while making any subsequent communication to the ICADR and the arbitral tribunal.

(2) The ICADR will scrutinise every request and the documents, make necessary entries in the register and prepare a file of the case.

Services as appointing authority

(1) On receipt of a request to appoint an arbitrator in pursuance of rule 5(2) or 5 (3), the ICADR will follow the following procedure -

(i) the ICADR will communicate to each party a list containing the names, addresses, nationalities and a description of qualifications and experience of at least three individuals from the panel of arbitrators;

(ii) within thirty days following the receipt of the list, a party may delete any name to which he objects and after re-numbering the names in the order of his preference, return the list to the ICADR;

(iii) on receipt of the list returned by the party, the ICADR will appoint the arbitrator from the list taking into account the order of preference indicated by the parties;

(iv) if for any reason the appointment cannot be made according to the procedure specified in clauses (i) to (iii), the ICADR may appoint the arbitrator from the panel of arbitrators.

(2) In appointing an arbitrator the ICADR will have regard to the matters referred to in rule 5(5)(c) and will carefully consider the nature of the dispute in order to include in the list, persons having appropriate professional or business experience:, language ability and nationality.

(3) All appointments on behalf of the ICADR will be made by the Secretary-General and in his absence by such member of the Governing Council as is designated by the Chairperson:

Provided that where the Secretary-General is to be appointed as the arbitrator, the appointment will be made by the Chairperson.

Administrative services

(1) The ICADR may provide the administrative

services specified in this Part-

(a) upon the request of the parties;

(b) upon the request of the arbitral tribunal with the consent of the parties;

(c) if the parties designate the ICADR for providing such services.

(2) All oral or written communications from a party to the arbitral tribunal, except at the arbitral proceedings, may be directed to the ICADR which will transmit them to the arbitral tribunal and, where appropriate, to the other party.

(3) Agreement by the parties that the ICADR will provide the administrative services, constitutes consent by the parties that, for purposes of compliance with any time requirements of the rules, any written communications shall be deemed to have been received by the addressee when received by the ICADR. When transmitting communications to a party, the ICADR will do so to the addresses provided by each of them to the ICADR for this purpose.

(4) The ICADR will also assist in the exchange of information.

(5) The ICADR will assist the arbitral tribunal to establish the date, time and place of meetings and will give the parties advance notice of such meetings.

(6) The ICADR will provide a court room and retiring rooms for the arbitral tribunal and the parties or there counsel in the offices of the ICADR on the charges set out in the Schedule. These charges will be billed separately and are not included in the fee for administrative services. However, where these facilities are provided in any place other than the offices of the ICADR, the charges will be determined by the ICADR and billed separately in each case.

(7) Upon request, the ICADR will make arrangements for reporter transcripts of the arbitral proceedings or hearings. The cost of reporter transcripts will be determined by the ICADR and billed separately and is not included in the fee for administrative services.

(8) Upon request, the ICADR will make arrangements for the services of interpreters or translators and the cost in respect there of will be determined by the ICADR and billed separately and is not included in the fee for administrative services.

(9) (a) the ICADR will hold advance deposits to be made towards the cost of the arbitral proceedings.

(b) On termination of the arbitral proceedings, the ICADR will apply title proceeds of the advance deposits towards any of its unpaid administrative fees and charges and the costs of the arbitral proceedings and will render an accounting to the parties of the parties received and applied and return any unexpended balance to the patties.

(10) (a) Upon request, the ICADR will provide other appropriate administrative services the costs of which will be determined by the ICADR and billed separately and are not included in the fee for administrative services.

(b) The kinds of services which can be provided are as follows:

(i) secretarial support and clerical assistance;

(ii) long distance and local telephone access and telex and telecopier facilities;

(iii) photocopying and other usual office services.

(11) (a) The ICADR may require the party requesting one or more of the services referred to in sub-rule (6), (7),(8) or (10) to deposit an amount specified by it as advance towards the costs of such services;

(b) The ICADR may also require the parties to make supplementary deposits towards the costs of the services referred to in clause (a);

(c) If the required deposit under clause (a) or clause (b) is not made in full within the time specified by the ICADR, the ICADR may not provide the services requested for.

Conciliation

Services for procedures under the rules

To facilitate the conduct of conciliation proceedings that the parties have agreed to conduct under the Conciliation rules, the ICADR will -

(a) perform the function of the appointing authority whenever-

(i) the ICADR has been so designated by the parties in the conciliation clause of their contract or in a separate agreement, or

(ii) the parties have agreed to submit a dispute to the ICADR under the Conciliation Rules without specifically designating it as the appointing authority; and

(b) provide the administrative services herein specified when required by the agreement, or when requested by all parties, or by the conciliator with the consent of the parties.

Services as the registry

(1) On receiving a request in pursuance of rule 4(2)(a) or 4(2)(b), the ICADR will register the request and intimate in writing to the parties the registration number of the case which shall be quoted by the party while making any subsequent communication to the ICADR.

(2) The ICADR will scrutinise every request and the documents, make necessary entries in the register and prepare a file of the case.

Services as recommending or appointing authority

(1) On receipt of a request in pursuance of rule 4(2)(a), the ICADR will communicate to the party making the request a list containing the names, addresses, nationalities and a description of qualifications and experience of at least three individuals from the panel of conciliators

(2) On receipt of a request to appoint a conciliator in pursuance of Rule 4 (2)(b), the conciliator will follow the following procedures:

(i) The ICADR will communicate to each party a list containing the names, addresses, nationalities and a description of qualifications and experience of at least three individuals from the panel of conciliators

(ii) Within thirty days following the receipt of the list, a party may delete any name to which he objects and after renumbering the names in the order of his preference, return the list to the ICADR;

(iii) On receipt of the list returned by the parties, the ICADR will appoint the conciliator from the list taking into account the order of preference indicated by the parties;

(iv) If for any reason the appointment cannot be made according to the procedure specified in clauses (i) to (iii), the ICADR may, unless the parties recommend the name of the conciliator to be appointed by the ICADR, appoint the conciliator from the panel of conciliator.

(3) In recommending or appointing a conciliator the ICADR will have regard to the matters referred to in rule 4(4) and will carefully consider the nature of the dispute in order to include in the list, persons having appropriate professional or business experi-ence:, language ability and nationality.

(4) All appointments on behalf of the ICADR will be made by the Secretary-General and in his absence by such member of the Governing Council as is designated by the Chairperson :

Provided that where the Secretary-General is to be appointed as the conciliator, the appointment will be made by the Chairperson.

Administrative services

(1) The ICADR may provide the administrative services specified in this Part-

(a) upon the request of the parties;

(b) upon the request of the conciliator with the consent of the parties;

(c) if the parties designate the ICADR for providing such services.

(2) All oral or written communications from a party to the conciliator, except at meetings, may be directed to the ICADR which will transmit them to the conciliator and, where appropriate, to the other party.

(3) Agreement by the parties that the ICADR will provide the administrative services, constitutes consent by the parties that, for purposes of compliance with any time requirements of the rules, any written communications shall be deemed to have been received by the addressee when received by the ICADR. When transmitting communications to a party, the ICADR will do so to the addresses provided by each of them to the ICADR for this purpose.

(4) The ICADR will also assist in the exchange of information and of settlement proposals.

(5) The ICADR will assist the conciliator to establish the date, time and place of meetings and will give the parties advance notice of such meetings.

(6) The ICADR will provide a meeting room and retiring rooms for the conciliator and the parties or there counsel in the offices of the ICADR on the charges set out in the Schedule. These charges will be billed separately and are not included in the fee for administrative services. However, where these facilities are provided in any place other than the offices of the ICADR, the charges will be determined by the ICADR and billed separately in each case.

(7) Upon request, the ICADR will make arrangements for reporter transcripts of meetings or hearings. The cost of reporter transcripts will be determined by the ICADR and billed separately and is not included in the fee for administrative services.

(8) Upon request, the ICADR will make arrangements for the services of interpreters or translators. The cost of interpretation or translation will be determined by the ICADR and billed separately and is not included in the fee for administrative services.

(9) (a) the ICADR will hold advance deposits to be made towards the cost of the conciliation proceedings.

(b) On termination of the conciliation proceedings, the ICADR will apply the proceeds of the advance deposits towards any of its unpaid administrative fees and charges and the costs of the conciliation proceedings and will render an accounting to the parties of the deposits received and applied and return any unexpended balance to the patties.

(10) (a) Upon request, the ICADR will provide other appropriate administrative services the costs of which will be determined by the ICADR and billed separately and are not included in the fee for administrative services.

(b) The kinds of services which can be provided are as follows :

(i) secretarial support and clerical assistance;

(ii) long distance and local telephone access and telex and telecopier facilities;

(iii) photocopying and other usual office services.

(11) (a) The ICADR may require the party requesting one or more of the services referred to in sub-rule (6), (7),(8) or (10) to deposit an amount specified by it as advance towards the costs of such services;

(b) The ICADR may also require the parties to make supplementary deposits towards the costs of the services referred to in clause (a);

(c) If the required deposit under clause (a) or clause (b) is not made in full within the time specified by the ICADR, the ICADR may not provide the services requested for.