International Arbitration Council

This protocol applies to matters referred to the CPR International Arbitration Council under the CPR Rules for Administered Arbitration of International Disputes.

The International Arbitration Council comprises international arbitration practioners, who have accepted appointments to serve on a pro bono basis, as provided in this Protocol. The International Arbitration Council Panel is any three members of the International Arbitration Council who, upon request by CPR, have agreed to decide issues with respect to a particular arbitration proceeding.

1. INTERNATIONAL ARBITRATION COUNCIL REFERRALS PROCEDURE

a. General Referral. As provided in Rule 24.2, CPR, in its discretion may refer an issue for determination to a panel of three members of the CPR International Arbitration Council.

b. Convening of International Arbitration Council Panel. When CPR determines to refer an issue to the Council, CPR shall convene a Panel of the Council by designating the two members and one chair. In requesting members to serve on a particular Panel, if applicable, CPR shall disclose the identity of the parties to the dispute, their counsel, and the members of the Tribunal, so that the prospective Panel members may decline appointment in the event of conflicts.

c. Panel Decision Process. CPR shall provide a copy of the relevant materials to each Panel member as soon as possible. The Panel may meet in person or by telephone conference, as the chair may decide. A decision shall require the affirmative vote of at least two members of the Panel and shall be communicated forthwith by the chair to CPR.

d. Decision. Every decision shall be made as expeditiously as possible. Decisions on issues referred shall be deemed to be of an administrative nature and final.

e. No member of the Panel may thereafter serve as a member of the Tribunal.

2. SPECIAL ADDITIONAL PROCEDURES FOR CONSOLIDATION REFERRALS

a. Where under Rule 3.13(e) of the CPR Rules for Administered Arbitration of International Disputes, CPR determines to refer any issue relating to consolidation to the International Arbitration Council, these additional procedures shall be followed.

b. Written Notice. As provided in Rule 3.13(a), a party may request consolidation of two or more arbitrations. Such request shall be in writing and shall state the basis for the consolidation with specificity.

c. Comments. CPR shall advise the parties and the Tribunal in writing that any members of the Tribunal and any party may comment in writing within 10 days after receipt of such CPR advising notice, or such other time frame that CPR deems appropriate. The comments shall be sent to CPR, who will provide them to the International Arbitration Council Panel.

d. Requested Additional Information. The International Arbitration Council Panel may request additional information from the parties and Tribunal members.

e. Decision. In arriving at their decision, the International Arbitration Council Panel may take into account any circumstances it considers to be relevant, including, but not limited to:

• (i) whether one or more arbitrators have been appointed in more than one of the arbitrations and, if so, whether the same or different persons have been appointed;
• (ii) the existence of common issues of law or fact creates the possibility of conflicting decisions in the separate arbitration proceedings;
• (iii) prejudice resulting from a failure to consolidate is not outweighed by the risk of undue delay or prejudice to the rights of or hardship to parties opposing consolidation; and
• (iv) consolidation would serve the interests of justice and efficiency.

The International Arbitration Council includes: