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What is Expedited Arbitration?

Expedited arbitration or fast-track arbitration or accelerated arbitration is a faster and lighter arbitration proceedings than traditional arbitration proceedings. Expedited arbitration is designed for small claim or less complex disputes or any case they party may desire.

 

In 1992, Geneva Chamber of Commerce introduced the first expedited procedure in its Arbitration Rules which is now Swiss Arbitration Rules. Since then, many arbitration institutions have incorporated this light procedure into their arbitration rules such as Stockholm Chamber of Commerce (SCC), American Arbitration Association (AAA), International Chamber of Commerce (ICC), Singapore International Arbitration Centre (SIAC), Hong Kong International Arbitration Centre (HKIAC) and National Commercial Arbitration Centre (NCAC).

 

One of the main reasons for the success of such wider adoption of expedited procedure globally is because tradition arbitration procedure is heavy and not suitable for small claim or less complex dispute. Such dispute does not need expert evidence, lengthy submissions, long timeframe, more than one arbitrator, details award and multiple hearings to resolve the dispute. On the contrary, the expedited procedure is lighter and can solve dispute faster for several reasons. First, the time-limits are shortened such as specific time is set for the dispute to be resolved within 6 months or 9 months, and other time limits for each procedural step is also shorten. Second, lengthy and many rounds of submissions and hearings are limited to only short and one or more rounds submissions and hearings. Third, although the arbitral tribunal is required to provide reason, the award to be in summary form and if requested by parties the reason may not be given. Lastly, the number of arbitrators is limited or encouraged to have only sole arbitrator instead of three arbitrators.

 

To apply for expedited arbitration, a pre-condition shall be satisfied whether small claim or less complex dispute or party agreement. Small claim dispute is generally considered less complex and the expense for dispute resolution could outweigh the claim if it takes long time. The less complex dispute is assessed by the number of issues involved and whether expert or more evidence required regardless of the value of the claim. Regardless of these pre-conditions, the parties may also agree to refer their dispute to arbitrate under the expedited procedure. This is to ensure respect for the party autonomy in arbitration proceedings and to cover any other situation that may not be covered by the previous two pre-conditions.

 

In a number of arbitration institutions, satisfying any of these pre-conditions does not guarantee the application of expedited procedure until the approval from such arbitration institution is provided. This gate keeper role of the arbitration institution helps the parties to ensure effectiveness of the arbitration proceedings. Before providing approval on any application for expedited arbitration, the arbitration institution will assess whether such dispute is suitable for this light procedure. Sometime the small claim and less complex dispute may be of great important to serve as precedent that requires meaningful exchange of submissions and details awards for which the traditional arbitration procedure is best serve. There are also great flexibilities within the expedited procedure that the parties or arbitrators may return from expedited procedure to normal procedure if during the course of proceedings, they find that expedited procedure is no longer suitable for the case.

In conclusion, expedited arbitration is an important feature that provide additional option to the parties in resolving their differences. This, however, requires careful consideration before opting into this procedure. Sometime faster and short proceedings do not mean less expenses because such fast and short service connotes VIP service that is normally higher costs. We may call this VIP service because arbitrator and counsels are hired to work full time and dedicate their time and effort into this intense procedure. Before immediately jumping into the expedited ride, a pause and think are adviced.

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