International Arbitration

International Arbitration Information by Aceris Law LLC

  • International Arbitration Resources
  • Search Engine
  • Model Request for Arbitration
  • Model Answer to Request for Arbitration
  • Find International Arbitrators
  • Blog
  • Arbitration Laws
  • Arbitration Lawyers
You are here: Home / ICC Arbitration / ICC Expedited Arbitration – Addressing Delays, Costs and Efficiency

ICC Expedited Arbitration – Addressing Delays, Costs and Efficiency

20/11/2016 by International Arbitration

ICC Expedited ArbitrationOn 4 November 2016, the ICC announced its amendments to the ICC Rules of Arbitration, applicable from March 2017, which includes Annex VI on the new ICC Expedited Arbitration Procedure. According to the Secretariat, the introduction of this procedure aims to address business concerns about the time and costs associated with an ICC Arbitration, by providing a shorter, more efficient procedure.

This initiative is not novel, but the ICC is the latest to introduce this practice, following similar procedures in other arbitral settings such as the Stockholm Chamber of Commerce, the Singapore International Arbitration Centre, and others.

The main feature of ICC Expedited Arbitration is that it automatically applies to disputes of less than USD 2 million. For disputes exceeding that amount, parties can also opt-in to the Expedited Procedure.

The most controversial aspect of the new rules is the discretion of the Court to appoint a sole arbitrator to the dispute despite parties’ agreement for a different composition. The ICC clarifies that this discretion will be exercised regularly.

Other features include the scrapping of the traditional terms of reference, which today plays a largely ceremonial role, the possibility to not conduct a hearing, to not request the production of documents or take witness testimonies, the rendering of an award within six months of the case management conference and lower fees (Appendix III, Costs for Expedited Procedure).

ICC Expedited ArbitrationThe ICC Court will continue to scrutinize these outgoing awards, ensuring ICC’s quality throughout its work.

The above should be read in concordance with the possibility of reverting to the regular Arbitration Procedure, following a reasoned request by the Parties or on the Court’s own motion, with the possibility of reconstituting the sitting arbitral tribunal should it be deemed appropriate. Additionally, the Expedited Procedure can be opted-out, and the new rules apply to agreements concluded only after the Procedure comes into force (art. 30 ICC Revised Rules).

The rules of Expedited Arbitration raise legitimate concerns regarding the ICC’s authorization to circumvent direct party agreement, in cases where it will use its discretion to appoint a sole arbitrator to a dispute, despite an arbitration agreement with contrary provisions. The size of the dispute, should not equate to any lesser quality treatment by the ICC – which is exactly what the new rules might be stipulating for disputes of less than USD 2 million.

It remains to be seen whether the business community’s concerns for the need for such a development have been addressed. In any case, the implementation of these provisions in practice will demonstrate whether they can operate as the ICC envisaged, and ICC expedited arbitration should in time increase the volume of smaller disputes where ICC arbitration is used.

The Rules that will enter into force in March 2017 are available below.


Download the PDF file .

  • Anastasia Choromidou, Aceris Law SARL

Filed Under: Arbitration Information, Arbitration Procedure, Arbitration Rules, ICC Arbitration

Search Arbitration Information

Global Supply Chains, Tariffs and the Role of International Arbitration

Criminal Liability of Arbitrators

Data Protection in International Arbitration

Arbitrations Involving International Organisations

Before Commencing Arbitration: Six Critical Questions to Ask

How to Commence an ICDR Arbitration: From Filing to Tribunal Appointment

Behind the Curtain: A Step-by-Step Guide to ICC Arbitration

Cross-Cultural Differences and Impact on Arbitration Procedure

When Arbitrators Use AI: LaPaglia v. Valve and the Boundaries of Adjudication

Arbitration in Bosnia and Herzegovina

The Importance of Choosing the Right Arbitrator

Arbitration of Share Purchase Agreement Disputes Under English Law

Translate


Recommended Links

  • International Centre for Dispute Resolution (ICDR)
  • International Centre for the Settlement of Investment Disputes (ICSID)
  • International Chamber of Commerce (ICC)
  • London Court of International Arbitration (LCIA)
  • SCC Arbitration Institute (SCC)
  • Singapore International Arbitration Centre (SIAC)
  • United Nations Commission on International Trade Law (UNCITRAL)
  • Vienna International Arbitration Centre (VIAC)

About Us

The international arbitration information on this website is sponsored by the international arbitration law firm Aceris Law LLC.

© 2012-2025 · IA