This page explains, and compares, the published rules of three institutions that administer many cross-border disputes involving New York parties: the International Chamber of Commerce (ICC Arbitration Rules 2021), the International Centre for Dispute Resolution (ICDR International Arbitration Rules, amended and effective March 1, 2021) and the London Court of International Arbitration (LCIA Arbitration Rules 2020, effective 1 October 2020). Court involvement in New York is governed by the Federal Arbitration Act and CPLR Article 75. KOR Law LLP's international arbitration practice represents clients in proceedings administered by the ICC, ICDR and LCIA and in ad hoc proceedings under UNCITRAL Rules.
How do the three sets of rules compare?
| Issue | ICC (2021) | ICDR (2021) | LCIA (2020) |
|---|---|---|---|
| Seat if the parties do not agree | Fixed by the ICC Court (Art. 18(1)) | Set initially by the Administrator; the tribunal decides finally within 45 days of its constitution (Art. 19(1)) | London, unless the tribunal orders otherwise (Art. 16.2) |
| Emergency arbitrator appointed | Normally within two days of the application (App. V, Art. 2) | Within one business day (Art. 7(2)) | Within three days, if the LCIA Court grants the application (Art. 9.6) |
| Emergency decision | Order within 15 days of file transmission (App. V, Art. 6(4)) | Schedule set within two business days of appointment (Art. 7(3)) | No later than 14 days after appointment (Art. 9.8) |
| Automatic expedited track | Up to US$3 million for agreements from 1 January 2021; US$2 million for agreements from 1 March 2017 to 2020 (App. VI, Art. 1(2)) | No disclosed claim or counterclaim over US$500,000; written submissions only up to US$100,000 unless a hearing is needed (Art. 1(4)) | No amount-based track; expedited formation of the tribunal (Art. 9A) and early determination (Art. 22.1(viii)) |
| Final award timing | Six months from the Terms of Reference (Art. 31); six months from the case management conference if expedited (App. VI, Art. 4(1)) | No later than 60 days after the hearing closes (Art. 33(1)); 30 days if expedited (Art. E-10) | Endeavour to rule within three months of the last submission (Art. 15.10) |
| Going to court for interim relief | Before the file reaches the tribunal, and in appropriate cases after (Art. 28(2)) | Not incompatible with the agreement to arbitrate (Arts. 7(7), 27(3)) | Before formation; after formation only in exceptional cases with the tribunal's permission (Art. 25.3) |
| Fees | US$5,000 filing fee; costs set by scales in Appendix III | Separate administrative fee schedule | Separate Schedule of Costs |
How should you approach choosing or reading a clause, step by step?
- Identify the rules and the version. The ICDR Rules apply "as in effect at the date of commencement of the arbitration" (ICDR Art. 1(1)); ICC expedited and emergency provisions depend on when the agreement was concluded (ICC Arts. 29(6), 30(3)).
- Check the seat. The seat determines which courts hear a challenge to the award; if the clause is silent, each institution fills the gap differently (ICC Art. 18(1); ICDR Art. 19(1); LCIA Art. 16.2).
- Check emergency relief. The ICC emergency arbitrator does not apply to agreements concluded before 1 January 2012, to treaty-based claims, or where the parties opted out (ICC Art. 29(6)).
- Check the amount in dispute. It decides whether an expedited track applies automatically (ICC App. VI, Art. 1(2); ICDR Art. 1(4)).
- Plan court steps. New York courts can compel arbitration abroad under a Convention agreement (9 U.S.C. 206) and grant provisional remedies in aid of arbitration (CPLR 7502(c)).
- Budget. Compare the ICC scales with the ICDR fee schedule and the LCIA Schedule of Costs for the expected amount in dispute.
What is distinctive about each institution?
ICC. The ICC Court "does not itself resolve disputes" but administers them and scrutinizes and approves awards (ICC Art. 1). After receiving the file, the tribunal draws up Terms of Reference defining the dispute (Art. 23), and the six-month time limit for the final award runs from that document (Art. 31). The emergency arbitrator's order binds the parties but not the tribunal on the issues decided (Art. 29(2), (3)).
ICDR. The international division of the American Arbitration Association administers under rules that apply where parties chose the ICDR, or chose the AAA for an international dispute without naming other rules (ICDR Art. 1(1)). Its emergency arbitrator may issue an interim award or order, may require security, and has no power once the tribunal is constituted (Art. 7(4) to (6)).
LCIA. The LCIA Rules let a party in exceptional urgency apply for expedited formation of the tribunal (Art. 9A) or for an emergency arbitrator (Art. 9B), and they let the tribunal make an "Early Determination" that a claim or defense is manifestly outside jurisdiction, inadmissible or manifestly without merit (Art. 22.1(viii)).
Can a third party be added once the case has started?
The rules converge on one principle: late joinder needs consent or a tribunal decision. Under the ICC Rules, no additional party may be joined after any arbitrator is confirmed or appointed unless everyone agrees, or unless the tribunal, once constituted, allows it and the new party accepts the tribunal and the Terms of Reference; the tribunal weighs prima facie jurisdiction, timing, conflicts and the effect on the procedure (ICC Art. 7(1), (5)). The ICDR Rules likewise bar joinder after any appointment unless all parties agree, or the tribunal decides joinder is appropriate and the additional party consents (ICDR Art. 8(1)). The LCIA tribunal may join third persons only where the third person and the applicant have consented in writing (LCIA Art. 22.1(x)). For groups of companies or multi-contract projects, that means the clause, and every signatory, should be checked before the request for arbitration is filed.
What changes the answer?
- Urgency. If assets may move, compare emergency procedures with court relief; see whether you can get emergency relief before a tribunal is formed.
- Whether a party resists arbitrating at all. Courts decide applications to compel or stay; see how to compel or stop an arbitration in New York.
- A New York seat. Challenges to the award then follow the FAA or CPLR; see whether you can challenge an arbitration award in a New York court.
- A foreign seat. Enforcement in New York follows the New York Convention; see how to enforce a foreign arbitration award in New York.
- Treaty claims. The ICC emergency arbitrator does not apply to treaty-based agreements (ICC Art. 29(6)(c)); investor-state routes are covered in how investment treaty awards are enforced in the United States.
- Evidence gathering. Private commercial arbitral panels cannot use 28 U.S.C. 1782; see whether you can use U.S. discovery for a foreign case or arbitration.
For example: a supply contract with a European buyer
For example, imagine a New York manufacturer negotiating a 2026 supply contract with a buyer in Spain, with expected disputes under US$2 million. (This is a made-up illustration, not a real client or result.) Under ICC rules, a dispute of that size would go to the expedited track automatically (ICC App. VI, Art. 1(2)); under ICDR rules, it would not, because it exceeds US$500,000 (ICDR Art. 1(4)).
If the clause names no seat, an LCIA arbitration would be seated in London by default (LCIA Art. 16.2), while the ICC Court would fix the seat (ICC Art. 18(1)). The parties choose ICDR rules with New York as the seat, so any challenge to the award would be heard by courts here, and either side could seek an emergency arbitrator within one business day (ICDR Art. 7(2)). The sale itself would still be governed by the substantive law the contract selects.
Common mistakes
- Leaving out the seat. Each institution fills the gap differently (ICC Art. 18(1); ICDR Art. 19(1); LCIA Art. 16.2).
- Assuming the newest rules apply. Version and agreement dates matter (ICDR Art. 1(1); ICC Arts. 29(6), 30(3)).
- Assuming an emergency arbitrator is always available. ICC excludes pre-2012 agreements and treaty claims (Art. 29(6)).
- Ignoring the expedited threshold. It changes the procedure and the time limit for the award (ICC App. VI, Art. 4(1); ICDR Arts. 1(4), E-10).
- Running to court after the LCIA tribunal is formed. Permission is needed except in exceptional cases (LCIA Art. 25.3).
- Forgetting the substantive law. The rules govern procedure, not the contract; for domestic sales see the rules that govern a sale of goods dispute between businesses in New York.
What to do this week
- Pull the arbitration clause and note the institution, rules, seat, language and number of arbitrators.
- Note the date the contract was signed and the date any arbitration would start.
- Estimate the amount in dispute against each expedited threshold.
- Download the current fee schedule for the named institution.
- If relief may be urgent, decide between an emergency arbitrator and a court application.
- Calendar any response deadline in the request for arbitration you received.
Frequently asked questions
Which institution is fastest?
On emergency appointments, the ICDR's one business day is the shortest stated period (ICDR Art. 7(2)); on final awards, each set of rules uses a different starting point, as the table shows.
Can we change the rules by agreement?
Largely yes. The ICDR Rules apply "subject to modifications that the parties may adopt in writing" (ICDR Art. 1(1)), and the ICC lets parties opt out of the emergency and expedited provisions (ICC Arts. 29(6)(b), 30(3)(b)).
Can we still go to a New York court for an injunction?
Usually yes, within each rulebook's limits (ICC Art. 28(2); ICDR Art. 7(7); LCIA Arts. 9.13, 25.3), and New York courts can grant provisional remedies in aid of arbitration (CPLR 7502(c)); see how fast you can get a TRO or preliminary injunction in New York.
Is a London-seated award enforceable in New York?
Generally yes, through the New York Convention as implemented in 9 U.S.C. 201 to 208, subject to its limited defenses (9 U.S.C. 207).
What does it cost to start an ICC case?
Each ICC request must be accompanied by a non-refundable US$5,000 filing fee, credited to the claimant's share of the advance on costs (ICC App. III, Art. 1(1)). The ICDR and the LCIA publish separate fee schedules.
Does the firm handle ad hoc arbitration too?
Yes. The firm's practice includes ad hoc proceedings under UNCITRAL Rules and other negotiated frameworks.