Expedited Procedure Provisions

Here you will understand the scope of the Expedite Procedure Provisions, the constitution of the arbitral tribunal and the procedure. 

Scope of the 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 (Article 32 of the Rules and Appendix V).  

The Expedited Procedure Provisions apply if:  

• the arbitration agreement was concluded after 1 March 2017;  

AND  

• the amount in dispute does not exceed the EPP Threshold Amount;  

AND  

• the parties have not opted out of the Expedited Procedure Provisions in the arbitration agreement or at any time thereafter.  

As set forth in Article 1(3) of Appendix V, the EPP Threshold Amount is: 

• US$ 2,000,000 if the arbitration agreement under the Rules was concluded on or after 1 March 2017 and before 1 January 2021; or 
• US$ 3,000,000 if the arbitration agreement under the Rules was concluded on or after 1 January 2021 and before 1 June 2026; or 
• US$ 4,000,000 if the arbitration agreement under the Rules was concluded on or after 1 June 2026. 

If an alternative fee scale applies, the EPP Threshold Amount will be the amount set out in the Schedule of Fees.

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(6) of Appendix VI).  

For more information see the Note to Parties and Arbitral Tribunals on the Conduct of ICC Arbitration. 

Constitution of the Arbitral Tribunal 

The Court may appoint a sole arbitrator notwithstanding any contrary provision of the arbitration agreement (Article 2(1) of Appendix V). 

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:  

• An initial case management conference will be held within 15 days after the arbitral tribunal receives the file from the Secretariat. 
• The arbitral tribunal may decide the dispute solely based on the documents.  
• 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 initial case management conference.  

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