A Practice Note describing the necessary steps for conducting arbitration under the international administered rules of the International Institute for Conflict Prevention and Resolution (CPR). This Note reflects the rules effective December 1, 2014.
This Note provides a step-by-step guide to arbitration under the CPR Rules for Administered Arbitration of International Disputes effective December 1, 2014) (the Rules). For US domestic cases, see Practice Note, Administered Domestic Arbitration with the CPR Institute: A Step-by-Step Guide (http://us.practicallaw.com/9-612-3905).
CPR is one of the principal US arbitral institutions (see ICDR, JAMS and CPR International Arbitration Rules Comparison Chart (http://us.practicallaw.com/3-595-5265)). It provides rules and administrative services for arbitration, mediation and other dispute resolution proceedings.
On July 1, 2013, CPR issued its first set of rules for administered arbitration for US domestic disputes. Although CPR had historically performed many of the functions of administered arbitration on an à la carte basis, before July, 2013, CPR's arbitration rules provided only a non administered option. With the 2014 Rules, CPR now offers administered arbitration services for arbitrations pending anywhere in the world. Based on CPR's Non-Administered Arbitration Rules, the new rules are designed to be "administration lean," providing what is necessary from an overseeing administrative body and nothing more for business-to-business arbitration.
CPR can provide support with:
PRELIMINARY STEPS FOR THE CLAIMANT AND RESPONDENT
Before a dispute ever arises, be sure to carefully provide for dispute resolution by drafting a clause that works for both sides, see (Model Clauses). Ensure to describe carefully any negotiated processes that deviate from the Rules.
Take stock of the procedural timeline, either as prescribed by the Rules (particularly Rules 3 and 15.8) or as agreed by the parties, and ensure that parties meet the due dates. This is especially important if the parties have drafted a multi-step clause that calls for escalating stages of dispute resolution (for example, direct negotiation, mediation, followed by arbitration). (For more information on multi-step clauses, see Practice Note, Hybrid, Multi-tiered and Carve-out Dispute Resolution Clauses (http://us.practicallaw.com/9-384-8595)). The qualifications to request in neutrals should also be considered (for example, experience, geographic location and hourly rate).
Unless the parties otherwise agree, the Administered Rules and any amendment later adopted by CPR apply in the form in effect at the time the arbitration is commenced. If the parties have provided for CPR arbitration without specifying either the Non-Administered or Administered Rules, the CPR International Administered Arbitration Rules for International Disputes apply to any international arbitration agreement dated December 1, 2014, or later, where the parties reside in different countries or where the contract involves property or calls for performance in a country other than the parties' country of residence. The Administered Rules govern the arbitration except when in conflict with a mandatory provision of applicable arbitration law.
First published by Practical Law, "Administered International Arbitration with the CPR Institute: A Step-by-Step Guide" is available for download here.