COVID-19 & CPR Administered Arbitration

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The COVID-19 health crisis is causing unprecedented disruptions and damage to the world’s economy and business relationships. Many commercial disputes are surfacing as parties find it impracticable or impossible to perform their contractual obligations.  At the same time, the crisis is also considerably slowing down the resolution of pending court cases, exacerbating the already significant backlog of cases in many courts.

In this context, we would like to remind you that CPR Dispute Resolution and its Case Management Team remain available to assist businesses in these difficult times.

To avoid any delays in the resolution of your dispute, you may want to consider converting a pending court case to a CPR Administered Arbitration.  If your contract already provides for arbitration as the dispute resolution mechanism, but your arbitration clause is no longer appropriate under the circumstances, you may also want to consider using CPR administered arbitration.  In both case, you will need to enter into one of the following arbitration submission agreements with your counterparty:

For a US domestic Dispute:

“We, the undersigned parties, hereby agree to submit to arbitration in accordance with the International Institute for Conflict Prevention and Resolution (“CPR”) Rules for Administered Arbitration (the “Administered Rules” or “Rules”) the following dispute:

[Describe briefly]

We further agree that we shall faithfully observe this agreement and the Administered Rules and that we shall abide by and perform any award rendered by the arbitrator(s). The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., and judgment upon the award rendered by the arbitrator(s) may be entered by any court having jurisdiction thereof. The place of arbitration shall be (city, state).”

For an international dispute:

“We, the undersigned parties, hereby agree to submit to arbitration in accordance with the International Institute for Conflict Prevention and Resolution (“CPR”) Rules for Administered Arbitration of International Disputes (the “Rules”) the following dispute:

[Describe briefly]

We further agree that we shall faithfully observe this agreement and the Rules and that we shall abide by and perform any award rendered by the arbitrator(s). Judgment upon the award may be entered by any court having jurisdiction thereof. The seat of the arbitration shall be (city, country). The language of the arbitration shall be (language).”

Why use CPR Administered Arbitration?

Quality

  • Quality comes from experience – Over the years, CPR’s Distinguished Neutrals have handled more than one trillion dollars in disputes
  • Parties remain in control of the process
  • Peer-reviewed and innovative rules
  • Cases managed by highly experienced, accessible and multilingual attorneys

Efficiency and Lower Costs

  • Time is money – CPR’s Rules have been designed to increase efficiencies, lowering overall costs, benefitting all parties
  • Easy commencement process – No cumbersome paper filing requirements
  • Rapid appointment of the Tribunal, typically within 2-4 weeks
  • Efficient timeline with built-in benchmarks and accountability
  • CPR is a savvy yet unobtrusive administrator, which maximizes direct tribunal-party interaction
  • Mediation/settlement encouraged at any stage
  • Administrative fees based on a scale of amounts at issue, capped at US$34,000, split among the parties, for disputes over US$500 millions
  • Arbitrators free to set up their fees on a case by case basis but must disclose their rates up front during the selection process

Integrity

  • Arbitrators must be independent and neutral
  • Arbitrators must disclose potential conflicts of interest and their availability up front during the selection process
  • Innovative and award winning “Screened Selection Process” for party-appointed arbitrators – Arbitrators are appointed without knowing which party made the selection to enhance neutrality and independence
  • Broad confidentiality applies to all participants: parties, arbitrators and CPR
  • Tribunals must apply the rule of law
  • Awards must be written and reasoned and they are reviewed for format, clerical, typographical or computational errors before being issued by CPR
  • Arbitrator challenges are decided by an independent Challenge Review Panel

CPR’s Panel of Distinguished Neutrals comprises those among the most respected and elite arbitrators in the US and around the world. It includes prominent attorneys, retired judges, academics, as well as highly-skilled business executives, legal experts and dispute resolution professionals who are particularly qualified to resolve all business disputes including those involving multi-national corporations or issues of public sensitivity. Focusing in more than 30 practice areas, CPR’s esteemed arbitrators have provided resolutions in thousands of cases  worldwide. Click here for more information about CPR’s Panel of Distinguished Neutrals.

FAQs

  • How do I file a case?  To file a case, email your Notice of Arbitration to cprneutrals@cpradr.org.  Include contact information for all parties, including e-mail addresses. You will also need to pay a US$1,750 non-refundable deposit by wire or credit card.  As soon as you file your Notice of Arbitration, CPR will contact you.
  • What are the key features of the 2019 CPR Administered Arbitration Rules? You can click here to learn more about the key features of the rules.
  • How do I find out more about the administrative fees? For the full schedule of fees, visit our website here.
  • How are arbitrator challenges decided? Challenges on the ground of independence and impartiality are decided pursuant to the CPR Challenge Review Protocol.
  • How to I contact the case management team if I have additional questions? Contact Alveen Shirinyans at ashirinyans@cpradr.org or Helena Tavares Erickson at herickson@cpradr.org