OBJECT

 

The object of Expedited Arbitration is to provide the parties with a final and legally binding decision on their dispute in less than 90 days from the appointment of the Arbitrator, by adopting the simplest procedure appropriate to the dispute.

The Expedited procedure has been developed to provide simple, cost-effective and timely resolution of disputes by a sole arbitrator, for a fixed fee, provided that the total amount of the claim and any counterclaim does not exceed USD 500,000.

These Rules apply to arbitrations under the CIICA Expedited Arbitration Rules.

 

1.1     The arbitration commences on the date the Center for International Investment and Commercial Arbitration (CIICA) receives a request for the appointment of an Arbitrator (the Application) under the Expedited Arbitration Rules.

 

1.2     The Application should contain details of the parties, a brief summary of the dispute and the issues to be determined, and an outline of the relief sought. In the absence of a contractual agreement between the parties to refer disputes to arbitration under the expedited rules, the Application should be signed by each party to the dispute.

 

 

2.1   The Application should be accompanied by the following:

a)      copies of relevant contractual documents, including, in the case of a unilateral Application, a copy of the contractual agreement between the parties to refer their dispute to arbitration under the Expedited Arbitration Rules;

b)      a copy of the Applicant’s Statement of Claim (subject to paragraph 9 below); and

c)      a fee of USD 2,500 [or its equivalent in Pak rupees (PKR)] per Applicant, which is payable by cheque or bank transfer on or before the date of the Application.

 

2.2   A copy of the Application, and all accompanying documents, should be sent by the Applicant to the Respondent, simultaneously.

CIICA retains the right to refuse to register an Application if any of the requirements in paragraphs 1 and 2 are not complied with.

 

3.    Within 7 days of the commencement of the arbitration, the Respondent should send:

a)      a fee of USD 2,500 [or its equivalent in Pak rupees (PKR)] per Respondent, payable by cheque or bank transfer; and

b)      to CIICA and to the Applicant, a Statement of Defence (and Counterclaim, if applicable) (subject to paragraph 9 below).

 

4.     If a counterclaim is advanced by the Respondent, but the Respondent fails to pay the fee required under paragraph 3, and/or  under paragraph 10 (if applicable), the Respondent’s counterclaim may be treated by the Arbitrator and by CIICA as withdrawn.

 

5.     Failure by the Respondent to pay any or all of the fee required under paragraph 3, and/or paragraph 10 (if applicable) may result in CIICA directing the Applicant to pay the remainder of the fee due. Any payment made by the Applicant on behalf of the Respondent will be treated as a debt which the Applicant is entitled to recover immediately from the defaulting Respondent.

 

6.     If a counterclaim is advanced, with the Respondent’s payment of the fee under paragraph 3, and the value of the Applicant’s claim and the Respondent’s counterclaim together exceeds USD 500,000, CIICA will refer the dispute for determination under the CIICA Arbitration Rules.

 

7.     CIICA will appoint an Arbitrator from its panel within 10 days of commencement of the arbitration, and the Arbitrator’s details will then be notified to the parties.

 

8.    The Arbitrator will issue a timetable for the arbitration within 7 days of being appointed. All procedural matters are at the discretion of the Arbitrator. Any timetable issued by the Arbitrator should meet the objective of the Expedited Procedure, and meet the 90 day deadline prescribed in paragraph 12 for the issue of an award.

 

9.    The statements of case (e.g. the Claim, Defence, and Response)   must each be signed and dated by a duly authorised representative of the party concerned. All witness statements must be signed and dated by the witness.

Unless otherwise directed by the Arbitrator: (i) each side’s statements of case and witness statements shall, collectively, be no more than 5,000 words.

 

10.   Each party may be directed by CIICA to make an additional payment following the issue of the procedural timetable if either of following applies:

 

a)  Half-day Hearing or Meeting:

If the parties require a half-day hearing or meeting with the Arbitrator, an additional fee per party will be payable. The amount shall be decided by CIICA after consulting with the Arbitrator. This additional fee does not include the cost of a venue for the hearing or meeting, the Arbitrator’s expenses for the hearing or meeting, or any other expenses associated with the hearing or meeting.

 

b)   Site Visit:

If a half-day site visit is required, in order for the Arbitrator to better appreciate the matters in dispute, an additional fee per party will be payable. The amount shall be decided by CIICA after consulting with the Arbitrator. This additional fee does not include the Arbitrator’s expenses, or any other expenses, associated with the site visit.

 

11.   The Arbitrator shall decide if one side can recover from the other any costs of the arbitration, which includes the fixed fee and reasonable legal fees.

 

12.   Within 90 days of the Arbitrator’s appointment, the Arbitrator will issue to the parties a written reasoned award. The award will be signed and dated by the Arbitrator, and will be final and legally binding. The Arbitrator will, simultaneously, send to CIICA a copy of his award, together with an invoice of his charges. Upon receipt of this invoice, CIICA will pay the Arbitrator’s fee.

 

13.   If the parties settle their dispute after commencing the arbitration, they must inform CIICA and the Arbitrator, if appointed, immediately. In the event of settlement after the Arbitrator has been appointed, CIICA will pay the Arbitrator’s fee upon receipt of the Arbitrator’s invoice.

 

14.   Unless otherwise agreed by the parties, the UNCITRAL Arbitration Rules shall apply to the arbitration.

 

15.   All communications will be in writing and any correspondence which a party sends to the Arbitrator, or the Arbitrator sends to a party, must be copied to the other party at the same time.

 

16.   Neither CIICA nor any of its officers, agents, or employees will be liable for anything done or omitted to be done in the appointment or nomination of an Arbitrator under these Rules or in respect of the arbitration administered under these Rules unless the act or omission was shown to be in bad faith. Neither CIICA nor its officers, agents, or employees shall be liable for anything done or omitted to be done by an Arbitrator nominated or appointed by CIICA under these Rules in the discharge or purported discharge of his functions as an Arbitrator.