Article 31—Waiver

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ID: 317823
2026
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Abstract
Abstract This chapter assesses Article 31 of the ICDR Rules. It is not uncommon for a party to raise objections to the arbitration based on non-compliance with the relevant institutional rules. However, when not raised promptly, such an objection can derail an arbitral proceeding and create potential grounds on which to challenge the award. Article 31 requires that where a party knows of any non-compliance with the ICDR Rules or the parties’ arbitration agreement and still proceeds with the arbitration without promptly objecting in writing, it will be deemed to have waived the right to object. This general principle is also echoed in the ICDR Rules in the specific context of challenges to arbitrators and objections to jurisdiction.
Reference Key
openalex_W7165110211 Use this key to autocite in the manuscript while using SciMatic Manuscript Manager or Thesis Manager
Authors Martin F Gusy, James M Hosking, G.I. Walters
Journal Oxford University Press eBooks
Year 2026
DOI
10.1093/law/9780197848012.003.0032
URL
https://doi.org/10.1093/law/9780197848012.003.0032
Keywords Keywords not found

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