Peter Danysh
Peter’s principal area of practice is complex commercial litigation, with a focus on international disputes. His experience includes work on both international commercial and investor-state arbitrations under numerous institutional rules, including the International Chamber of Commerce (ICC), International Centre for Settlement of Investment Disputes (ICSID), and the United Nations Commission on International Trade Law (UNCITRAL). Peter has worked on international disputes for clients in both civil and common law jurisdictions all over the world, with a focus on Latin America, and additional experience in Asia and the Middle East. His work also spans several industries, with particular experience in construction and energy.
In addition to his international work, Peter’s practice includes domestic litigation in both state and federal court, representing clients in a wide variety of commercial cases, including work on commercial real estate, manufacturing, and products liability disputes.
Practice Area
Panel
- Contributing Author
Qualified Year
- 2013
Experience
- Vinson & Elkins LLP (2013 - Present)
Qualification
- Doctorate of Jurisprudence (JD), licensed to practice in Texas (2013)
Education
- University of Houston Law Center (2013)
- Tulane University (2007)
7 Contributions by Peter Danysh
PRACTICE NOTES
ICDR 2021 International Arbitration Rules: Interim Relief and Emergency Arbitrator—Applications, Procedure, Court Interface and Enforcement (Arts 7 and 27)
This Practice Note examines interim and emergency relief available from tribunals under the International Centre for Dispute Resolution (ICDR) International Dispute Resolution Procedures (including the Mediation and Arbitration Rules) (the International Rules), as revised with effect from 1 March 2021. For a primer on the International Rules, covering commencement of and responses to ICDR arbitration, see Practice Note: ICDR (2021)—introduction to the institution—commencing arbitration and responding to arbitration. For direction on arbitrating under earlier versions of the International Rules, see: ICDR arbitration—overview. For material on the American Arbitration Association® (AAA), see: AAA arbitration—overview.
The availability of interim relief—post-constitution of the tribunal
Once the arbitral tribunal is in place, the International Rules empower it to grant interim measures, such as injunctive orders with steps to safeguard or preserve assets (ICDR, art 27). Under ICDR, art 27(3) of the International Rules, applications made to judicial authorities (ie courts) for interim measures are not inconsistent with the parties’ arbitration agreement and do not amount to a waiver of the right to arbitrate. For guidance on the availability of security for costs in ICDR cases, see Practice Note: ICDR (2021)—costs and security for costs. For guidance on interim relief...
Arbitration
PRACTICE NOTES
ICDR 2021 International Arbitration Rules: tribunal appointment (party, list and streamlined options), independence, challenges and IARC review, party disclosures, tribunal powers on jurisdiction, arbitrator search tool, and tribunal secretaries
This Practice Note explores the function and operation of the arbitral tribunal under the International Dispute Resolution Procedures (Including Mediation and Arbitration Rules) (the International Rules), as revised and in force from 1 March 2021. In particular, it offers practical guidance on constituting the tribunal, contesting arbitrators, and the scope of tribunal authority under the International Rules. For an overview of the International Rules, and details on initiating and answering ICDR arbitration proceedings in practice, see Practice Note: ICDR (2021)—introduction to the institution—commencing arbitration and responding to arbitration. For guidance on arbitrations under earlier versions of the International Rules, see: ICDR arbitration—overview. For further information on the American Arbitration Association® (AAA), see: AAA arbitration—overview.
Appointment of arbitrators
The parties may, by agreement, adopt any method for appointing arbitrators and promptly notify the ICDR (ie the Administrator) of that method (ICDR, art 13(1)). If within 45 days from the arbitration’s commencement the parties have not jointly settled on a procedure for appointments, or have not jointly settled on the arbitrator selections, the Administrator will appoint the arbitrators and name the presiding arbitrator upon the written request of any party, as necessary (ICDR, art 13(3)). In situations where the parties have jointly...
Arbitration
PRACTICE NOTES
ICDR International Arbitration (2021 Rules): Arbitration agreements, commencing and answering claims, service and counterclaims, IARC administration, expedited procedures and final offer arbitration
Origins of the ICDR
The International Centre for Dispute Resolution (ICDR) was formed in 1996 as the arm of the American Arbitration Association® (AAA). Recognised as the pre-eminent domestic arbitration body in the US, the AAA created the ICDR as a distinct division to oversee arbitration matters and deliver its global alternative dispute resolution (ADR) offerings. The ICDR’s principal base is in New York; however, it maintains offices across the United States of America, with full-case administration centres in Singapore and Canada.
Administration and application of the ICDR International Rules
The ICDR conducts arbitrations under its International Dispute Resolution Procedures (covering Mediation and Arbitration Rules) (the International Rules), as revised and taking effect from 1 March 2021. It also continues to administer matters under earlier versions of the International Rules (including the 2014 iteration), for which guidance is available at: ICDR arbitration—overview. The ICDR has issued a summary of the 2021 updates to the International Rules—see here. See, also, News Analysis: Reflecting on the 2021 ICDR Arbitration Rules. In addition, the ICDR frequently administers arbitrations pursuant to the following rules (with the first two most often used):
AAA Arbitration Commercial Rules—when parties expressly require application of the AAA Commercial Rules...
Arbitration
PRACTICE NOTES
ICDR International Arbitration Rules 2021: administrative fee schedules, tribunal fees and expenses, deposits, security for costs, default consequences, and cost awards
This Practice Note examines how costs and security for costs are addressed under the International Centre for Dispute Resolution (ICDR) International Dispute Resolution Procedures (including Mediation and Arbitration Rules) (the International Rules), amended and effective 1 March 2021. For an introduction to the International Rules, covering how to start and formally answer ICDR arbitration proceedings, see Practice Note: ICDR (2021)—introduction to the institution—commencing arbitration and responding to arbitration. For guidance on arbitrating under earlier iterations of the International Rules, see: ICDR arbitration—overview. For information on the American Arbitration Association® (AAA), see: AAA arbitration—overview.
Administrative/institutional fees
Under the International Rules, each party bringing claims or counterclaims must elect between two fee arrangements: the Standard Fee Schedule and the Flexible Fee Schedule. The Flexible Fee Schedule is available only for claims above US$150,000. The Standard Fee Schedule has two payment triggers; the Flexible Fee Schedule has three. All else being equal, and assuming the arbitration proceeds to a hearing, the total fees paid under the Flexible Fee Schedule will typically be somewhat higher. The rationale for the choice is simple: the Flexible Fee Schedule calls for a smaller initial fee with two further instalments to be made at a later point in...
Arbitration
PRACTICE NOTES
ICDR International Arbitration Rules 2021: Evidence, Document Production, Witnesses, Experts, Privilege and Tribunal Powers
This Practice Note reviews evidential issues under the International Centre for Dispute Resolution (ICDR) International Dispute Resolution Procedures (Including Mediation and Arbitration Rules) (the International Rules), as revised with effect from 1 March 2021. It covers mediation and arbitration within those procedures in detail. For an overview of the International Rules, covering initiation of ICDR arbitrations and replies to claims, consult Practice Note: ICDR (2021)—introduction to the institution—commencing arbitration and responding to arbitration. For commentary on arbitrations conducted under earlier versions of the International Rules, see: ICDR arbitration—overview. For material on the American Arbitration Association® (AAA), refer to: AAA arbitration—overview.
Powers of the tribunal in relation to evidence
The tribunal’s core obligation is to secure equal treatment of the parties, safeguard each side’s right to be heard, and provide a fair chance to present its case (ICDR, art 22(1)).
To that end, in relation to information exchange, the tribunal may direct the parties to furnish documents, exhibits, or any other evidence it considers necessary or suitable (ICDR, art 22(5)).
Exchange of information (including document production)
The 2021 International Rules set out clear, detailed provisions on exchanging information in arbitration. The emphasis of these provisions is on the tribunal’s management of...
Arbitration
PRACTICE NOTES
ICDR International Rules 2021—practical guide to multi-party and multi-contract arbitration: joinder, consolidation, counterclaims and set-offs between respondents, tribunal appointment, and consolidation arbitrator decisions
This Practice Note reviews provisions on multi-party and multi-contract matters in the International Dispute Resolution Procedures (Including Mediation and Arbitration Rules) (the International Rules), revised and effective 1 March 2021. For an introduction to the International Rules, and guidance on commencing and responding to ICDR arbitration proceedings, see Practice Note: ICDR (2021)—introduction to the institution—commencing arbitration and responding to arbitration. For guidance on arbitrating under earlier editions of the International Rules, see: ICDR arbitration—overview. For guidance on the American Arbitration Association® (AAA), see: AAA arbitration—overview.
Consolidation and joinder—the 2021 amendments to the International Rules
The consolidation and joinder provisions are considered in detail below. Because these procedural rules are extensive, it is useful to emphasise the purpose and effect of the 2021 amendments to the International Rules. The ICDR has indicated that the revisions set out in ICDR, arts 8 (Joinder) and 9 (Consolidation) of the International Rules are aimed at making joinder and consolidation more readily available. Under ICDR, art 8, joinder may now be requested where the tribunal decides that adding an extra party is appropriate and the party to be added agrees (ICDR, art 8(1)). Under ICDR, art 9, the ICDR can under that rule as appropriate...
Arbitration
PRACTICE NOTES
International Centre for Dispute Resolution (ICDR) Rules 2021: practitioners’ guide to arbitration procedure—pleadings, mediation, time limits, remote hearings, early disposition and awards
This Practice Note reviews the conduct of arbitration under the International Centre for Dispute Resolution (ICDR) International Dispute Resolution Procedures (including the Mediation and Arbitration Rules) (the International Rules), revised with effect from 1 March 2021. For a primer on the International Rules, including how to commence and answer ICDR arbitration proceedings, see Practice Note: ICDR (2021)—introduction to the institution—commencing arbitration and responding to arbitration. For guidance on arbitrating under earlier editions of the International Rules, see: ICDR arbitration—overview. For guidance on the American Arbitration Association® (AAA), see: AAA arbitration—overview.
Pleadings
The International Rules expressly envisage only the Notice of Arbitration, the Answer to the Notice of Arbitration, and any counterclaim with its answer. Parties may amend or supplement their claims, counterclaims or defences unless the tribunal finds it inappropriate, taking into account factors such as delay (ICDR, art 10). In practice, where proceedings are not bifurcated, the parties and the tribunal often adopt an additional briefing timetable, typically comprising:
Statement of Claim
Statement of Defence (and Counterclaim, if applicable)
Reply (and Defence to Counterclaim, if applicable)
Rejoinder (and Reply to Counterclaim)...
Arbitration
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