CPR unveils new rules for administered cases (GAR)

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See the CPR Administered Arbitration Rules here.

This article was first published in the Global Arbitration Review online news, Thursday, 4 July 2013 www.globalarbitrationreview.com

by Leo Szolnoki


After 30 years of promoting ad hoc arbitration, the New York-based International Institute for Conflict Prevention & Resolution, or CPR, is to administer cases for the first time under a newly published set of arbitral rules.

The CPR Administered Arbitration Rules, which took effect on 1 July, were drafted at the request of users who have previously relied on the institute’s rules for ad hoc proceedings but wished CPR to play a more active role in cases.

“These rules are unique in that they are carefully tailored to deliver only what the parties need from an administering organisation and no more,” says Robert Smit, a partner at Simpson Thacher & Bartlett in New York who chaired the subcommittee that drafted the new rules.
“They are built upon CPR’s experience with ad hoc or self-administered arbitration and parties’ requests for more assistance.”

CPR has offered rules for non-administered arbitration for the past three decades, under which its role has been largely confined to assisting in the selection of arbitrators (or “neutrals”) and deciding on challenges against them. The last revision to these rules was in 2007.
The new rules are substantially the same as those for unadministered cases but include new provisions on billing and arbitrator selection, and also gives the CPR a power of “limited review” of draft awards for clerical or computational errors.

Ank Santens, partner at White & Case in New York and chair of the CPR arbitration committee, says: “The benefit of the rules include access to CPR’s carefully-vetted panels of distinguished neutrals, all the benefits of CPR’s non-administered rules (including unique arbitrator selection provisions, modern rules with a focus on case management and efficiency, and low cost), and administration by CPR’s able and experienced administrators.”

The new rules preserve one of the most distinctive features of CPR’s unadministered rules – an optional screening process that prevents party-appointed arbitrators from learning which party nominated them.

CPR says that the rules can also be used for cross-border disputes, though it is also in the process of drafting a set of administered rules specifically for international cases.

The subcommittee: 

Robert Smit, Simpson Thacher & Bartlett (chair)

Helena Tavares Erickson, CPR

Kathleen Scanlon, sole practitioner and special counsel to CPR

Gerald Aksen, independent arbitrator

Charles Beach, independent arbitrator, formerly with Exxon

Barry Garfinkel, Skadden Arps Slate Meagher & Flom

Erin Gleason Alvarez, AIG

Sherman Kahn, Morrison Foerster

Jack Levin, independent mediator and arbitrator

Lawrence Newman, Baker & McKenzie

Ank Santens, White & Case

Roland Schroeder, GE

Ben Sheppard, University of Houston Law Center

Felix Weinacht, Siemens

Olivier P. André, CPR Institute