Are there arbitral laws or arbitration institutional rules in your country providing for simplified or expedited procedures for claims under a certain value? Are they often used?
International Arbitration (4th edition)
There are no simplified or expedited procedures for claims under certain value at the local level. Notwithstanding so, expedited procedure rules of the ICC (for claims under US$ 2 million) are applicable to international arbitrations under the ICC rules seated in Argentina.
The Vienna Rules provide for expedited proceedings (Article 45), subject to an agreement by the parties (opt-in concept).
Yes. The Arbitration Court at BCCI for example provides for special expedited procedure and specific set of rules which apply where the parties have agreed so in their arbitration agreement or the claimant’s requests so in its statement of claim and the respondent accepts the proposal. In such case, the award is rendered by Sole arbitrator. The procedure is relatively rarely used.
While the FAA does not provide for expedited or simplified procedures, many of the U.S.-based arbitral institutions have adopted rules for expedited procedures. For example, in 2018, out of 993 cases, the ICDR reported 104 expedited cases. The same year, the ICC reported that out of 842 cases, it received 96 applications for expedited procedures, and the LCIA reported 23 applications out of 317 cases.
The ICDR expedited procedures provide for the appointment of a sole arbitrator, submission of initial submissions that include “all of the evidence then available on which such party intends to rely”, and an evidentiary hearing within 60 days of the procedural order — or, if the dispute is less than $100,000, no hearing at all — and an award within 30 days of the hearing. These rules “shall” apply in any case where no disclosed claim or counterclaim exceeds $250,000 exclusive of interest and the costs of arbitration, unless the parties agree or the ICDR determines otherwise. See ICDR International Arbitration Rules art. 1(4); ICDR International Expedited Procedures arts. E1–E10.
There are no provisions within the UAE Arbitration Law, the DIFC Arbitration Law or the ADGM Regulations which relate to expedited procedures for claims below a certain value.
No such services are presently offered by the DIAC, DIFC-LCIA or the ADCCAC.
The London Maritime Arbitrators Association (LMAA) Terms contain a Small Claims Procedure, designed for disputes under a value of US$50,000 (however, parties are free to agree a higher limit). A sole arbitrator acts for a fixed fee and generally assesses the case based on written submissions and documents.
Yes. Rule 5.1 of the SIAC Rules 2016 provides that, ‘[p]rior to the constitution of the Tribunal, a party may file an application with the Registrar for the arbitral proceedings to be conducted in accordance with the Expedited Procedure under this Rule, provided that any of the following criteria is satisfied:
a. the amount in dispute does not exceed the equivalent amount of S$6,000,000, representing the aggregate of the claim, counterclaim and any defence of set-off;
b. the parties so agree; or
c. in cases of exceptional urgency’.
The 2018 SIAC Annual Report indicates that there were 59 applications for expedited procedure in 2018 and that 32 of these were accepted.
The ICC Rules of Arbitration also provide for an expedited procedure at Art. 30 (Expedited Procedure) and App. VI (Expedited Procedure Rules) for cases with no more than US$2,000,000 in dispute (or where the parties so agree to the application of expedited procedural rules).
In addition, the SCMA Arbitration Rules also provide (1) a small claims procedure ‘if the aggregate amount of the claim and/or counterclaim in dispute is less than US$150,000 (excluding interest and costs) or is unlikely to exceed US$150,000 (excluding interest and costs)’ or otherwise in accordance with the parties’ agreement (Rule 46); and (2) expedited arbitral determination of collision claims (Rule 47 and Schedule B).
The KCAB International Arbitration Rules (the “Rules”) provide for the Expedited Procedure in Articles 43~49, and the Expedited Procedure is widely used in KCAB arbitration. According to the KCAB’s Annual Report, 178 cases adopted the Expedited Procedure in 2017. A party in a KCAB arbitration may apply for the Expedited Procedure where (i) the claim amount does not exceed KRW 500,000,000; or (ii) the parties agree to be subject to the Expedited Procedure (Article 43 of the KCAB Rules). The arbitral tribunal is to issue its award within 6 months from the date the arbitral tribunal was constituted (Article 48 of the Rules).
There is no expedited or simplified arbitration procedure under French Law. The only way to access expedited procedures is for the parties to submit their arbitration to the rules of arbitral institutions that provide for such procedures. In France, institutions such as the ICC and the International Arbitration Chamber of Paris (CAIP) offer expedited proceedings.
As mentioned above at 6, Article 30 and Appendix VI (“Expedited Procedure Provisions”) of the ICC Rules came into force in March 2017. This procedure applies only if:
• the arbitration agreement was concluded after 1 March 2017; and;
• the amount in dispute does not exceed USD 2,000,000, and;
• the parties have not opted out of the Expedited Procedure Rules in the arbitration agreement or at any time thereafter.
Under ICC Rules Article 30, the procedure is simplified, and the final award is rendered within six months from the case management conference.
Since July 2019, the CAIP introduced a rapid and an accelerated arbitration procedure called “P.A.R” and “PARAD.” Parties may have recourse to the P.A.R. arbitration procedure where the money claim does not exceed in principal the sum of EUR 100,000 and to PARAD when the claim does not exceed EUR 150,000 (Article 3.1 of Annex II and Article 3.A of Annex II of the CAIP).
German arbitration law does not provide for rules for expedited arbitration proceedings in the event of ad hoc arbitration.
Arbitration and Conciliation (Amendment) Act, 2015 new Section 29B was incorporated which provided Fast Track procedure for Arbitration wherein parties can settle their disputes within a period of 6 months from the date the arbitral tribunal enters upon reference. However, there has been no limit fixed to the amounts of the claims.
Neither the Arbitration Law nor the BANI Rules allow for expedited procedures.
Neither the Liechtenstein law on arbitration nor the Liechtenstein Rules contain provisions on expedited procedures for claims under a certain value.
Although the expedited procedures in arbitral proceedings in Malaysia are not contingent on the quantum involved, the AIAC has introduced its own Fast Track Arbitration Rules to expedite straightforward cases as well as disputes where the amount in dispute is small.
At present, there are no simplified or expedited procedures that exist in the EAL or in the institutional rules of the CRCICA.
No. In Ecuador there are no arbitration laws or regulations that contemplate this possibility. Notwithstanding, through arbitration agreements, it has been proven that several parties, including the Ecuadorian State, have agreed to arbitration agreements that establish a certain set of rules for disputes up to a certain amount and other set arbitration rules for disputes that exceed that amount.
Yes. The permanent arbitration tribunals offer such proceedings, some of which are available regardless of the value of the claim. These are often used
No. Expedited procedures may be available only if the applicable arbitration rules state so
(a)According to Article 42 (2), Section IV of the Arbitration Rules of 2011 set out by the Cyprus Eurasia Dispute Resolution and Arbitration Center (CEDRAC), all cases in which the claim does not exceed 10.000.000€, the proceedings shall be conducted in accordance with the Expedited Procedure set forth in Article 41 of the Rules. For example, CEDRAC may shorten the time-limits for the appointment of arbitrators. The award shall be made within six months from the date the Center transmitted the file to the arbitral tribunal and only in exceptional circumstances the Center may extent the time limit.
(b) No, they are not.
Yes, some of the arbitration institutional rules provide for simplified or expedited procedures that are not mandatory and do not apply automatically but parties can agree to those procedures (for example, see ADR Institute of Canada’s Arbitration Rules). Other arbitration institutional rules provide for simplified or expedited procedures for claims under a certain value. For example, under International Centre for Dispute Resolution Canada’s Arbitration Rules, expedited procedure applies if no party’s claim exceeds US$250,000 and a dispute is to be resolved by written submissions if no party’s claim exceeds US$100,000.
Yes, for example CANACO and CAM, both have rules for expedited procedures. The first one has an “accelerated arbitration” which is designed for claims under $1´500,000.00 Mexican pesos.
For the second one, article 42 of its rules, contemplate a “Abbreviated procedure”, which establishes that the parties may agree to shorten the time limits set out in the CAM´s Rules, subject to approval of the arbitral tribunal.
There are such rules. The Nigerian arbitration community has acknowledged the need to simplify arbitral laws under claims of certain values. For instance, the Chartered Institute of Arbitration, (UK) Nigeria Branch (the “CIA”) launched in June 30, 2017 the Micro, Small and Medium Enterprises (the “MSME”) Arbitration Scheme. The MSME scheme is for small claims ranging from N250,000.00 to N5,000,000.00. The scheme is not, however, restricted to the stated monetary range, so long as the disputants apply to the Chairman of the CIA to have their disputes resolved through the scheme. The cost effectiveness of the scheme is ensured by a set of rules designed to guide proceedings through simple, quick and affordable paths to resolution. The scheme provides simple cost effective and timely resolution of disputes, and an outcome within ninety (90) days of the appointment of the arbitrator. The outcome is a final, legally binding and enforceable award. Under the MSME scheme, the arbitrators’ fees have been capped to ensure that the expense does not prevent MSMEs from accessing arbitration.
The Arbitration Act has no special regulations for small claims. The rules of Oslo Chamber of Commerce offers a simplified, fast track procedure. This procedure is not related to claims under a certain value. The precondition for the simplified fast track-procedure is that the parties agree to it.
The 2015 PDRCI Rules allow a party to apply for expedited procedure where:
- The amount in dispute representing aggregate of any claim, counterclaim or any other claim does not exceed PhP250,000.00;
- The parties so agree; or
- In cases of exceptional urgency.
This measure, being a recent development, is not often used.
The recently launched PICCR is envisioned to include expedited procedure in its rules.
The SCCA does provide for simplified and expedited procedures, which are special fast-track, simplified and reduced cost procedures to administer the arbitration process. Expedited procedures apply in any case where the aggregate amount in dispute does not exceed 4,000,000 SAR. Expedited procedures provide parties with a rapid filing process, abbreviated procedure to appoint the arbitrator, the possibility to render the award based solely on parties’ written submissions without holding hearings, and abbreviated timelines. The final award is rendered within 180 days from the date the tribunal is constituted.
Article 36 of the AL calls to Article 427 of the Civil Code with respect to simplified court procedures for matters relating to proprietary rights where the amount in controversy is under NT$500,000. If the parties of the arbitration agree and request a simplified procedure from the arbitration institution, the arbitration institution would select a sole arbitrator, who will conduct the arbitration pursuant to the institution’s rules on simplified arbitration. Some examples of simplified procedures include Articles 50 and 51 of the Chinese Arbitration Association rules, which require an arbitrator to render an award in three months, and the award only need to present a summary of the facts and its reasoning unless the parties decide to forgo such descriptions altogether. The Chinese Arbitration Association may also, according to Article 45 of its rules, advise the parties to apply simplified procedures based on the nature of the dispute and the value in controversy. However, as the arbitration institutions do not readily provide their case-related data to the public, it is unclear whether such simplified procedures are commonly used in practice.
There are no mandatory or default provisions under Swiss statutory law providing for an expedited or simplified procedure. In line with the principle of party autonomy, it is up to the parties to design the arbitration proceeding to fit their needs, irrespective of the amount in dispute (art. 182 para 1 PILA and art. 373 para 1 CPC).
For cases administered by the Swiss Chambers' Arbitration institution, art. 42 Swiss Rules provides for an expedited procedure. The provisions on the expedited procedure apply to every proceeding with an amount in dispute not exceeding CHF 1 million or if the parties so agree. In such expedited proceeding, there is, as a rule, only one exchange of submissions and only one hearing. Furthermore, subject to certain exceptions, the arbitral tribunal must render the award within six months from the date when the case file was first transmitted to the arbitral tribunal. According to 2015 statistics 43 % of all disputes submitted to the Swiss Chambers' Arbitration Institution were conducted under the expedited procedure.
Also WIPO and CAS provide for expedited procedures.
No there aren’t.
There is no regulation as to expedited arbitration proceedings under IAL or CCP.
Both ISTAC and ITOTAM allow expedited proceedings; the threshold is claims below TRY 300,000 (approx. EUR 48,000) for ISTAC and claims below TRY 200,000 (approx. EUR 32,000) for ITOTAM. There is no publicly available data on the use of expedited rules.