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The latest changes in ICC Arbitration Rules: Expedited Procedure Provisions

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In the world of international commerce, time and cost management are key factors of success to business and governments alike. ICC’s Expedited Procedure guarantees that disputes will be managed as expeditiously and cost-efficiently as possible by a trusted and neutral institution.

As the world’s leading arbitral institution, the ICC Court introduced the Expedited Procedure as part of a series of steps taken to foster the efficiency and the transparency of ICC Arbitration.

The ICC Arbitration Rules provide for use of an expedited procedure in lower-value cases. If parties wish to exclude the application of the Expedited Procedure Provisions, they must expressly opt out its application.

The parties agree, pursuant to Article 30(2) (b) of the Rules of Arbitration of the International Chamber of Commerce, that the Expedited Procedure Rules shall apply irrespective of the amount in dispute.

The ICC Rules of Arbitration, in force as of 1 March 2017, offer an expedited procedure providing for a streamlined arbitration with reduced scales of fees.

This procedure is applicable in cases where the amount in dispute does not exceed US$ 2 million— unless the parties decide to opt out or the ICC Court of Arbitration considers it inappropriate in circumstances. It applies to arbitration agreements concluded after 1 March 2017.

Pursuant to Article 30 of the Rules and Appendix VI (“Expedited Procedure Provisions”), by agreeing to arbitration under the Rules, the Expedited Procedure Provisions shall take precedence over any contrary terms of the arbitration agreement.

The Expedited Procedure Provisions apply if:

  • the arbitration agreement was concluded after 1 March 2017; and;
  • the amount in dispute does not exceed US$2,000,000, and;
  • the parties have not opted out of the Expedited Procedure Rules in the arbitration agreement or at any time thereafter.

The Expedited Procedure Provisions shall also apply, irrespective of the date of conclusion of the arbitration agreement or the amount in dispute, if the parties have agreed to opt in. Such opt in agreements can be concluded at any time.

The Expedited Procedure Provisions do not apply if:

  • the arbitration agreement under the Rules was concluded before 1 March 2017;
  • the parties have agreed to opt out of the Expedited Procedure Provisions

Constitution of the Arbitral Tribunal

  • The Court may appoint a sole arbitrator notwithstanding any contrary provision of the arbitration agreement.
  • The Court may appoint three arbitrators if appropriate in the circumstances. In all cases, the Court will invite the parties to comment in writing before taking any decision and shall make every effort to make sure that the award is enforceable at law.

Procedure

The procedure is simplified:

  • No Terms of Reference
  • The arbitral tribunal may decide on documents only
  • The arbitral tribunal may limit the number, length and scope of written submissions and written witness evidence
  • The final award is rendered within six months from the case management conference.

General Rule (Article 5)

In all matters concerning the expedited procedure not expressly provided for in this Appendix, the Court and the arbitral tribunal shall act in the spirit of the Rules and this Appendix.

 


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