Are there arbitral laws or arbitration institutional rules in your country providing for simplified procedures for claims under a certain value?
No, there is no such system in place in Austria.
Under French law, there are no simplified procedures for claims under a certain value. The International Arbitration Chamber of Paris, however, has recently amended its Rules so as to provide for simplified procedures for claims under a certain value (see Annex I and Annex II of the International Arbitration Chamber of Paris Rules of 2015). It might also be noted that the Centre for Mediation and Arbitration of Paris provides for a fast-track procedure but this is regardless of the amount of the claims.
The Centre for Commercial Arbitration has created Fast Track Arbitration Rules in 2016 which are applicable to claims worth €200.000 or less.
There are no arbitral laws or rules of the arbitration institutions providing for simplified procedures for claims under a certain value, such specific provisions existing only before local courts.
The SCC provides rules for expedited arbitration, a fast-track procedure for smaller and medium sized claims in less complex cases. There are no value based limitations for the expedited rules to be used.
Under the expedited rules, a sole arbitrator will decide the dispute. Certain restrictions with respect to the number of written submission and the time available therefor also exist. Moreover, a hearing will only be held on request of a party and if the arbitrator does find a hearing appropriate. A final award is to be rendered within three months from referral of the case to the arbitrator.
There are no legislative provisions relating to expedited arbitration. The New Zealand Dispute Resolution Centre has promulgated specific expedited arbitration rules, primarily for use in construction disputes. These include 45 day, 60 day and 90 day procedures, the first of which is on the documents. As noted above, AMINZ has been working on an inaugural set of arbitration rules, which, once released, are expected to be influential within New Zealand.
While Swiss law does not foresee simplified or expedited arbitral procedures depending on the value of a claim, art. 6 para 4 and art. 42 of the Swiss Rules provide for an expedited procedure "where the amount in dispute does not exceed CHF 1 million" or if the parties agree to such procedure. In an expedited procedure the arbitral tribunal is required to make the arbitral award within six months from receiving the case file from the secretariat of the arbitration court. The expedited procedure therefore features a number of procedural facilitations.
The three major arbitral institutions in the UAE have not yet provided any special procedures for small claims.
Yes, such simplified procedures are provided for under the KLRCA Fast Track Arbitration Rules which are crafted for parties who wish to obtain an award in the fastest way with minimal costs.
The rules require the completion of arbitrations (with a substantive oral hearing) within 160 days by providing for expedited procedures at each stage of the arbitral proceedings and for documents-only arbitration in certain circumstances. Article 9, KLRCA Fast Track Arbitration Rules provides that an arbitration will proceed as a documents-only arbitration where the aggregate amount of the claim and/or counter claim in dispute is less than USD75,000.00 or is unlikely to exceed USD75,000.00 for an international arbitration; or is less than RM150,000.00 or is unlikely to exceed RM150,000.00 in a domestic arbitration.
Tribunal’s fees and recoverable costs are capped to a fixed scale. Other attractive features also include the lack of interim awards and tighter obligations for disclosure so as to avoid surprises and controlled usage of expert evidence to ensure that the parties and tribunal are focused only on specific issues.
Yes. For example, the AAA’s Commercial Arbitration Rules impose expedited procedures by default for disputes under $75,000. The AAA also has a separate set of rules that apply by default to disputes over consumer contracts (defined as agreements between individuals and businesses for the purchase of personal or household goods with standardized, systematic application of arbitration clauses). These rules provide for a number of simplifications for smaller disputes.
Such rules apply only if parties do not stipulate otherwise in their contracts.
The SIAC Arbitration Rules provide for expedited procedure when the amount in dispute does not exceed S$6 million. SIAC Arbitration Rules, Rule 5.1. Rule 5.2 of the SIAC Arbitration Rules sets out the procedure for an expedited arbitration, which requires a sole arbitrator, the award to be issued within six months, and allows the arbitral tribunal to state its reasons for deciding in summary form.
No, but according to Article 21 of Law nº 9.307/96, the parties may establish in the arbitral convention the procedure to be followed in the arbitration, so that if the dispute involves a low value, the parties may freely agree that the arbitrator should adopt a more simplified and expeditious procedure in arbitration. According to Law nº 9.307/96, the parties may adopt the arbitration procedure they wish, since they respect the principles of contradictory, equality of the parties, the arbitrator's impartiality and its rational persuasion. If the parties do not indicate the procedure to be adopted and do not relate to rules of any institutional body, the arbitrator or the arbitral court shall dictate the rules to be followed while respecting the principles mentioned above.
Arbitral institutions' rules may provide for simplified procedure. For example, the ADRIC Rules provide for a simplified procedure, but it is based on agreement by the parties rather than lower value for the dispute. In addition, ADR Chambers and the Canadian Arbitration Association have expedited arbitration rules.
In Panama there are no laws or arbitration institutional rules providing for simplified procedures for claims under a certain value.
The Rules of the Court of Arbitration of Madrid Chamber of Commerce provide in their art. 51 for an abbreviated procedure. Other Arbitration courts also have it.
Unless otherwise agreed by the parties, the ISTAC Fast Track Arbitration Rules (“Fast Track Arbitration Rules”) are applied to the disputes where, as at the date of commencement of the arbitration, the total sum of the claims, and any counterclaims, do not exceed TRY 300.000. The parties may also agree that the Fast Track Arbitration Rules are applied where the amount in dispute exceeds this sum. Unless otherwise agreed by the parties, in cases where both the claims and any counterclaims exceed the sum of TRY 300.000 in the course of the arbitration proceedings, the Fast Track Arbitration Rules are still applied. Where the sum of the claims does not exceed TRY 300.000 upon a request of one of the parties, the Board, according to the facts and circumstances, may decide not to apply the Fast Track Arbitration Rules.
There are no specific provisions under German law that determine simplified procedures for claims under a certain value. However, arbitration institutions recommend that in such cases only a sole arbitrator decides the case which usually provides for an acceleration.
The Italian law does not expressly provide for simplified arbitral procedures, however, some arbitration institutions set out a simplified procedure. For example, the Arbitral Chamber of the Chamber of Commerce of Rome provides for the simplified arbitration with a single arbitrator when the value of the dispute does not exceed Euro 150.000,00.
Yes, LMAA Small Claims Procedure and ICC Expedited Procedure Rules.
Not as yet other than rules of international arbitral institutions which may be availed of by parties to an arbitration agreement.
Generally no, however for instance the rules of the Court of Arbitration at the Polish Chamber of Commerce provide that if the amount in dispute does not exceed PLN 40,000 and the parties did not agree to hearing of the dispute by a panel of three arbitrators, disputes shall be resolved by a sole arbitrator.
The CEDRAC Arbitration Rules provide for an expedited procedure if the parties so agree or where the aggregate amount of the claim and the counterclaim do not exceed EUR 10,000,000. Such expedited procedure is achieved via, inter alia, having only one hearing date for the examination of witness and oral arguments, imposing a time limit for the issue of the award and issuing the award with the reasons in summary form.
Similarly the CIArb Rules provide for an expedited procedure along similar lines.