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 (3rd edition)
There are no such rules.
French law does not address simplified or expedited procedures, but, as for emergency arbitrator relief, the parties may resort to arbitral institutions that provide for such procedures. In late 2016, the ICC International Court of Arbitration introduced an expedited procedure within its Rules (see Article 30 and Appendix VI of the ICC Rules).
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, and the parties have not opted out of the expedited procedure rules. They 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.
On 6 September 2017, the ICC reported that seven cases were being managed under expedited provisions, all by express party agreement.
The Centre for Mediation and Arbitration of Paris also provides for a fast-track procedure that may apply regardless of the amount of the claims.
The Cyprus Eurasia Dispute Resolution and Arbitration Center (CEDRAC), has established an expedited procedure for claims and counterclaims that do not go over €10.000.000 and is consisted of only one hearing for witness examination and any arguments. The arbitrator has a time limit for the issue of the award and its reasons are in summary form. Such procedure is certainly preferred since it is an even faster solution for the concerning parties but its frequency of use is not known to us.
According to the rules of the the Arbitration Court attached to the Economic Chamber of the Czech Republic and the Agricultural Chamber of the Czech Republic, simplified procedures (i.e. proceedings without an oral hearing) are available if the parties agree in writing. The tribunal will then decide the case based on written evidence only.
Under the same rules, expedited procedures are possible, if at least one of the parties is willing to bear the increased fees.
The CICA Rules provide for a simplified procedure for claims with a value not exceeding RON 50.000 (approximately EUR 11,000). The simplified procedure may also become applicable where the parties agree on its performance.
Rules of the Permanent Arbitration at the Serbian Chamber of Commerce and Industry of Serbia provide for expedited procedure. These rules apply in cases where the amount of dispute does not exceed EUR 50,000, as well as in cases where the amount in dispute is above EUR 50,000, if the parties agreed on application of expedited procedure.
Major arbitration rules of institutions in China have provided for simplified procedure. For example, Article 53(1) of BAC Rules stipulate that when the amount in dispute not more than 1 million RMB, simplified procedure shall apply unless the Parties have agreed otherwise.
a. The DIA has adopted rules for simplified procedures by a sole arbitrator. The case is decided on solely on the written submissions and evidence, and a draft award must be rendered no less than 30 days after the case was referred to the arbitrator.
The simplified rules were used in 2016 for 12 new cases. In 2017 the number had decreased to 3 (3 % of the total number of new cases at the DIA).
Expedited procedures are provided in the rules of Polish arbitral institutions. For instance, under the Rules of the Lewiatan Court of Arbitration, if the amount in dispute does not exceed PLN 50 000, unless the parties agree otherwise, in particular by deciding that the dispute is to be settled by an arbitral tribunal composed of three arbitrators, the rules on the expedited procedure apply. Then, the case is heard by a sole arbitrator who renders an award within three months following his or her appointment.
Expedited procedures are used mainly in domestic cases, which are frequently of low value. Moreover, often arbitration clauses expressly stipulate that an arbitral tribunal needs to be composed of three arbitrators, and by way of such stipulation the parties opt out from the expedited procedures.
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.
There are no provisions within the UAE Arbitration Law which relate to expedited procedures for claims below a certain value.
No such services are presently offered by the DIAC or the ADCCAC.
The arbitration rules of the ICC provide for expedited procedures for arbitrations which it administers where the:
a. ICC Rules 2017 are applicable; and
b. claim(s) are for less than USD 2,000,000.
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. The SCCA recognizes expedited procedures. As an appendix to the SCCA Arbitration Rules "[t]he Expedited Procedure Appendix, in force as of October 15, 2018 – Safar 6, 1440 provides parties with a fast track, simplified and reduced cost procedure. The Expedited Procedure shall apply in any case where the aggregate amount in dispute does not exceed 4,000,000 SAR exclusive of costs of arbitration if the arbitration agreement was concluded after October 15, 2018." To our knowledge, there is no available track record of the frequency of its use.
The FAA does not address expedited procedures. However, most institutional arbitration rules, including the AAA, ICDR, CPR, and JAMS rules, provide for expedited procedures for claims under certain values. These procedures are used often—for example, since the 2017 ICC Rules of Arbitration entered into force on 1 March 2017, and as of 31 July 2018, 84 requests to opt into the Expedited Procedure Provisions (“EPP”) have been submitted and 25 cases have been or are being administered under the EPP. The ICC statistics are not US-specific, but also include arbitrations in the U.S.
The Vienna Rules provide for expedited proceedings (Article 45), subject to an agreement by the parties (opt-in concept).
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”) recently launched on 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 Commercial Arbitration Centre of the Portuguese Chamber of Commerce and Industry enacted the “Fast Track Arbitration Rules”, in 2016, for claims under € 200.000,00 except if the parties have excluded its application in the arbitration agreement or in other subsequent agreement; if both parties have been notified of that intention and oppose it or if the case circumstances are not adequate for its application. The Chairman of the Centre can determine the application of these rules in proceedings which value is over € 200.000,00 if deemed adequate and there is no opposition from the parties.
Both MAC and RIMA rules contain an expedited procedure, designed for disputes with the amount under USD 15 000 (under MAC rules), RUB 30 000 000 (for a domestic dispute under RIMA rules), or USD 500 000 (for an international dispute under RIMA rules). The sole arbitrator will generally decide a dispute on the basis of written submissions and documents. RIMA reported that the expedited procedure was or is being used in 12 out of 105 cases that it has administered during the 2017–2018 period.
There are no specifically Irish statutory expedited processes. However, where the rules of an institution which has been agreed on by the parties provides for such a procedure, then that would be permissible in Ireland.
So-called small-claims arbitration exists, but it is rarely used. Parties taking part in arbitration will often hesitate to embark upon a procedure that does not ensure full and proper assessment of the case. In small claim matters, the parties may agree upon a sole arbitrator in order to save costs.
German arbitration law does not provide for rules for expedited arbitration proceedings in the event of ad hoc arbitration.
The newest version of the Zagreb Rules provides special rules for expedited procedures. The special rules can be applied in disputes without an international element where the value of the claim does not exceed EUR 100,000.00 unless the parties agree otherwise in the arbitration agreement. The special rules can be applied for other disputes as well if the parties agree to the expedited procedure. The special rules have been enacted recently and we are not aware that they have been used often.
Neither the ICAL nor the Rules of International Commercial Arbitration of the CAM Santiago provide for simplified procedures for claims under a certain value.
Nevertheless, Article 21(2) of the Rules of International Commercial Arbitration of the CAM Santiago, allows the arbitral tribunal to “direct the procedure in the manner it deems appropriate as to avoid unnecessary delays and expenses and ensure efficient and fair means as to achieve a final settlement of the dispute”, always subject to the provisions of the said statue.
As for the Domestic Rules of Arbitration, CAM Santiago plans to introduce in such statue a new simplified procedure for claims under certain value (USD $21.000 approximately). The new procedure seeks to shorten the time limits of the arbitration and to decrease the arbitrator’s fees for them to adjust the value of the dispute.
Yes, expedited procedures are also available under the PDRCI rules.