1. www.icdr.org | 1 INNOVATION @ ICDR Mark Appel Arbitration: The In-House Counsel’s Perspective London | 16 March 2015

2. www.icdr.org | 2 Who We Are 223,000 The International Centre for Dispute Resolution (ICDR) is the international division of the American Arbitration Association (AAA), the world’s largest provider of commercial conflict management and dispute resolution services (over 223,000 cases in 2014). 1,052 ICDR administered 1,052 international cases in 2014.

3. www.icdr.org | History of Innovation ICDR Manufacturer/Supplier Online Dispute Resolution Protocol 2008 Mediation Rules Added – Combined with Arbitration Rules in ICDR International Procedures 2003 Energy Arbitrators List Created By an Ad Hoc Industry Group 2005 Emergency Measures Procedure Added – 49 Cases to Date 2006 ICDR Guidelines for Arbitrators Concerning Exchanges of Information 2008 Comprehensive Review of Rules Undertaken – Revised Rules Effective 1 June 2014 2013-2014 3 Preliminary / Organisational Hearing 1996

4. www.icdr.org | 1 June 2014 Rules Revision Highlights International Expedited Procedures Process Management Tools Consolidation & Joinder Mediation 4

5. www.icdr.org | Consolidation Arbitrator 5 If consolidated, all cases will be consolidated into the cases that was commenced first. Parties can agree otherwise. Consolidating the Cases Any party may request the appointment of a consolidation arbitrator who has power to consolidate two or more cases under any ICDR or AAA rules. Applicability of Article After 15 days from notice of consolidation and the absence of party agreement on process or arbitrator Time to Appoint Consolidation Arbitrator Consolidation arbitrator may order other cases to be stayed Concurrent Proceedings Parties waive right to appoint arbitrator. The consolidation arbitrator has authority to name one of the existing tribunals, revoke any arbitrator appointment and complete, as necessary, the appointment of the tribunal. Consolidation Arbitrator Appoints the New Arbitral Tribunal Rendered within 15 days of final submissions and does not require reasoning. Consolidation Decision

6. www.icdr.org | International Expedited Procedures < $250,000 USD Opt Out $100,000 USD Documents Only Can Apply to Any Size Case By Agreement Detailed Notice and Answer / Counter Claim with "all available evidence relied upon" Single Arbitrator Appointed Using ICDR List Selection Process 6 Truncated Time Schedule

7. www.icdr.org | 7 Mediation Tools for Managing Time and Costs Administrator May Invite Concurrent Arbitration / Mediation Absent Agreement

8. www.icdr.org | 8 Tools for Managing Time and Costs ARTICLE 20 (7): …parties shall…avoid unnecessary delay and expense in the arbitration. The arbitral tribunal may allocate costs, draw adverse inferences, and take such additional steps as are necessary to protect the efficiency and integrity of the arbitration. ARTICLE 20 (1):...tribunal may conduct the arbitration in whatever manner it considers appropriate, provided…parties are treated with equality and…has the right to be heard and…given a fair opportunity to present its case. Conduct of Proceedings / Dilatory Tactics ARTICLE 20 (2): …tribunal shall conduct the proceedings with a view to expediting the resolution of the dispute. …may…conduct a preparatory conference…may consider how technology, including electronic communications, could be used to increase the efficiency and economy of the proceedings. ARTICLE 20 (3):...tribunal may decide preliminary issues, bifurcate proceedings, direct the order of proof, exclude cumulative or irrelevant testimony or other evidence, and direct the parties to focus their presentations on issues whose resolution could dispose of all or part of the case.

9. www.icdr.org | 9 Article 30(1): …tribunal shall make every effort to deliberate and prepare the award as quickly as possible after the hearing. Unless otherwise agreed by the parties, specified by law, or determined by the Administrator, the final award shall be made no later than 60 days from the date of the closing of the hearing. … Time of Award Tools for Managing Time and Costs

10. www.icdr.org | 10 Thank You – Additional Resources Richard Naimark Senior Vice President Global and Asia T: +1 212 716 3931 E: naimarkr@adr.org Mark Appel Senior Vice President Europe, Middle East and Africa (EMEA) T: +356 99 54 77 99 E: appelm@adr.org Steven Andersen Vice President Canada, Mexico and United States T: +1 619 813 2889 E: andersens@adr.org Luis Martinez Vice President Latin America and United States T: +1 212 716 5833 E: martinezl@adr.org Thomas Ventrone Vice President Case Management T: +1 212 484 4115 E: ventronet@adr.org Michael Lee Vice President Asia T: +65 6227 2879 E: leem@adr.org ICDR Executive Team http://go.adr.org/icdrrules Download Rules Articles: The New ICDR International Arbitration Rules By Paul Friedland & John Templeman, White & Case LLP Why Can’t Arbitration Go Faster? The ICDR Brings Expedited to International By Michael McIlwrath, General Electric Company