Here you will understand the scope of the Expedite Procedure Provisions, the constitution of the arbitral tribunal and the procedure.
Scope of the Rules
By agreeing to arbitration under the Rules, the Expedited Procedure Provisions shall take precedence over any contrary terms of the arbitration agreement (Article 30 of the Rules and Appendix VI).
The Expedited Procedure Provisions apply if:
- the arbitration agreement was concluded after 1 March 2017;
- the amount in dispute does not exceed US$2,000,000 if the arbitration agreement was concluded from 1 March 2017 to 31 December 2020, and 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 Court may at any time, upon request of a party or on its own motion after consulting the arbitral tribunal and the parties, decide that the Expedited Procedure Provisions no longer apply (Article 1(4) of Appendix VI).
For more information see Note to the Parties and Arbitral Tribunals on the Conduct of Arbitration.
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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 required
- A case management conference will be convened within 15 days after the date on which the file was transmitted to the arbitral tribunal
- The arbitral tribunal may decide on the basis of 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.