ICDR Conflicts Check and Appointing Authority Service

With the agreement of ALL parties to the dispute, the ICDR can assist the parties in identifying and appointing arbitrators, identifying possible conflicts of interest and resolving disputes concerning the qualification or disqualification of arbitrator candidates. After providing the parties with a list of arbitrators, the ICDR works with the parties to complete the extra steps of determining the arbitrators’ availability to serve, facilitating conflicts checks, completing arbitrator selection, or, where there is no agreement between the parties, appointing the arbitrator(s).

What You Do: Parties contact the ICDR, providing the contact information for all parties and agreed arbitrator specifications. Party agreement is mandatory to receive the appointing service, and all parties must sign a Submission to Dispute Resolution form checking the box for "Other" and inserting, "ICDR Conflicts Check and Appointing Authority Service".

What You Get: Using the Energy Arbitrators List combined with the ICDR's International Panel of Arbitrators, the ICDR provides each party with an identical list of 10 or 15 arbitrators who are generally available to serve and whose credentials best match the criteria specified on the filing form, along with their ICDR or EAL resume/CV.

What The ICDR Does: If the parties are unable to agree on a proposed arbitrator, they may strike any unacceptable candidates from the list and rank the remaining candidates according to their preferences. The ICDR extends an invitation to the highest-ranking mutually agreeable and available candidate (or candidates where the parties agree to a tribunal of three arbitrators) and facilitates a conflicts check. If the agreed upon arbitrator(s) declines to hear the arbitration, the ICDR will invite the next, highest-ranked candidate, and so on.

When a candidate accepts the appointment, the ICDR notifies the parties of the arbitrator’s identity and provides the parties with any arbitrator disclosures concerning possible conflicts of interest. The parties will have seven (7) calendar days to object to the arbitrator’s appointment based on the disclosure. If the parties cannot agree on whether the disclosure disqualifies the arbitrator from service, the ICDR will determine whether to reaffirm or disqualify the arbitrator.

If an arbitrator is disqualified due to a disclosure or cannot serve for any other reason the ICDR will invite the next, highest-ranked candidate to serve. Should no candidate remain from those originally provided, or if there are no mutually agreeable candidates, the ICDR will appoint an arbitrator.

Costs for Arbitrator Select: List and Appointment: (Fees are payable at the time of submission of the arbitrator appointment service). 
• List of 10 arbitrators: $1,500; 10 additional names, if needed: $750 plus $500 for each arbitrator appointed 
• List of 15 arbitrators: $2,000; 15 additional names, if needed: $1,000 plus $500 for each arbitrator appointed

Refunds: There is a minimum search fee of $750. If the ICDR, in its sole discretion, is unable to compile an appropriate list of arbitrators after completing a search, the balance of the Appointing Authority Service Fees will be refunded. If arbitrators meeting the criteria spelled out on the submission form are identified, and parties strike all or do not move forward to appointment, service would be deemed granted and fees will not be refunded.

Click here for more information or to speak with an ICDR contact.