ICC Arbitration Rules: Expedited Procedure
In addition to the usual ICC Arbitration Rules and in response to concerns of the time an arbitration can take from commencement to the final award, the International Chamber of Commerce (ICC) offers an expedited arbitration, which reduces the time limits of the arbitral proceedings and can impose other procedural limitations, as an alternative to the traditional ICC Arbitration.
According to the Appendix VI of the ICC Rules, the Expedited Procedure Provisions apply if:
- the amount in dispute does not exceed US$2 million, if the arbitration agreement was concluded on or after 1 March 2017 and before 1 January 2021; or
- if the amount in dispute does not exceed US$ 3 million, if the arbitration agreement was concluded on or after 1 January 2021; or
- if the parties, at any time, have agreed to apply the Expedited Procedure Provisions irrespective of the date of conclusion of the arbitration agreement or the amount in dispute.
The Expedited Procedure Provisions do not apply if:
- the arbitration agreement under was concluded before 1 March 2017; or
- the parties have expressly agreed to opt out of the Expedited Procedure Provisions; or
- the International Court of Arbitration (the “Court”) determines that it is inappropriate in the circumstances to apply the Expedited Procedure Provisions.
The Court may appoint a sole arbitrator notwithstanding any contrary provision of the arbitration agreement. The parties may also exercise the right to nominate the sole arbitrator within a time limit to be fixed by the Secretariat.
No Terms of Reference required, and the parties cannot make new claims after the constitution of the tribunal unless authorized to do so by the arbitral tribunal.
The case management conference shall take place within 15 days from the date on which the file was transmitted to the arbitral tribunal.
The arbitral tribunal may decide on documents only procedures with no hearing and no examination of witnesses or experts. The arbitral tribunal shall, also, have discretion to decide not to allow requests for document production or to limit the number, length and scope of written submissions and written witness evidence.
The final award shall be rendered within six months from the case management conference unless the Court has extended the time limit.
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