Expedited Procedure Provisions
The ICC Rules of Arbitration 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 or US$3 million depending on the date of the arbitration agreement — unless the parties decide to opt out or the ICC Court of Arbitration considers it inappropriate in circumstances.
Here you will understand the scope of the Rules, the constitution of the arbitral tribunal and the procedure.
Scope of the Rules
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 amount in dispute does not exceed US$2,000,000, if the arbitration agreement was concluded on or after 1 March 2017 and before 1 January 2021;
- the amount in dispute does not exceed US$3,000,000, if the arbitration agreement was concluded on or after 1 January 2021;
- 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 (see Standard ICC Arbitration clauses).
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 (see Standard ICC Arbitration clauses); or
- the Court, upon the request of a party before the constitution of the arbitral tribunal or on its own motion, determines that it is inappropriate in the circumstances to apply 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.
The procedure is simplified:
- No Terms of Reference
- A case management conference within 15 days after the date on which the file was transmitted to the arbitral tribunal
- 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.