Table of Contents

1- In what way is the International Court for Dispute Resolution a "Court", I mean is it a government body, or formulated by public international law treaty?

2- When INCODIR Consider a Dispute to be international?

3- Who are the "Partners"?

4- What are the responsibilities of the "ADR Experts responsible for a forum"?

5- What are the responsibilities of the "Regional Authorities"?

6- Which are the Acts which should be made "in the name of the Court" otherwise it is void?

7- Who have the right to speak "in the Name of the Court"?

8- What is the Function of the Court Registrar?

9- How Can I become one of the Court ADR Experts or Adjudicators?

10- How Can the Constitution of the Court be amended?

 

Answers


In what way is the International Court for Dispute Resolution a "Court", I mean is it a government body, or formulated by public international law treaty?

The International Court for Dispute Resolution (INCODIR) is a private body of eminent ADR experts operates nationally and regionally through its Fora, and operates internationally through its whole formation. There is no connection between the INCODIR and any State Court, the INCODIR is not linked to government of any jurisdiction and is not formulated by any public international law treaty or any inter-governmental treaty of any kind. 

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When INCODIR Consider a Dispute to be international?

According to Article 3 of INCODIR Constitution; the dispute is International, if it involves parties from different nationalities, or if the object of the dispute is in a Jurisdiction other than the parties' Country. In those Disputes, the Court as a whole (All the Partners) shall be responsible of the appointment of the ADR expert and of everything in the procedures of the ADR process.

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Who are the "Partners"?

In INCODIR the term Partner denote the "ADR Expert / Adjudicator responsible for a forum", more commonly the ADR Expert / Adjudicator preside a forum.

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What are the responsibilities of the "ADR Experts responsible for a forum"?

According to Article 4 of INCODIR Constitution the "ADR Experts responsible for a forum" shall have power to do anything which it may consider appropriate for the proper performance of The Court functions in his region, and in particular:

a. Advertise for the court in the way he sees appropriate.

b. Formulate the appointing authority in his region (Regional Authority).

c. Formulate list(s) for ADR experts to be appointed in disputes in his region.

d. Decide the administrative fees, in his region, for filing a dispute to the court, and decide who should bear these fees, i.e. the client or the expert (in Egypt and Bulgaria only clients shall bear the administrative fees).

e. Be the Seal holder of the court's seal in his region.

f. Speaks in the name of the court in his region.

According to Article 7 of INCODIR Constitution he should vote in the election of the president of the court.

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What are the responsibilities of the "Regional Authorities"?

According to Article 5 of INCODIR Constitution; each Regional Authority shall be responsible of the following;

a. To act as appointing authority in any case where an agreement provides for appointments of the ADR experts by the INCODIR.

b. To perform the functions conferred on it by any applicable rules of arbitration, mediation, conciliation, or adjudication.

c. To make recommendations to the Partners as appropriate concerning the performance of the court.

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Which are the Acts which should be made "in the name of the Court" otherwise it is void?

All the important acts, which includes but not limited to; listing an ADR expert in the courts list, appointing an ADR expert to a dispute, the awards of the arbitrators, etc

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Who have the right to speak "in the Name of the Court"?

The president of the Court, the Court Registrar, and the "ADR Experts responsible for the forums (Fora)", i.e. the presidents of the Fora.

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What is the Function of the Court Registrar?

He is responsible of the Court formal communications, and all other secretary work.

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How Can I become one of the Court ADR Experts or Adjudicators?

If you wish to be added to one of the court ADR experts' and Adjudicators' lists, please contact the ADR Expert responsible of the Court Forum in your jurisdiction.

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How Can the Constitution of the Court be amended?

According to Article 5 of INCODIR Constitution; the provisions of INCODIR Constitution may only be amended with the mutual consent of all of the partners, i.e. the ADR Experts responsible for the forums (Fora).

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