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 600,000.
If parties have agreed to refer their dispute to CIICA for arbitration under the CIICA Expedited Arbitration Rules, they shall be deemed to have agreed that the arbitration shall be conducted and administered in accordance with these Rules. If any of these Rules is in conflict with a mandatory provision of the applicable law, that provision shall prevail.
Article 1 General conduct of the participants
1.1 During the course of the proceedings, CIICA, the Arbitrator and the parties shall act in an efficient and expeditious manner to further the objective of these Rules.
1.2 In all matters not expressly provided for in these Rules, CIICA, the Arbitrator and the parties shall make every reasonable effort to ensure that the award is legally enforceable.
Article 2 Confidentiality
2.1 Unless otherwise agreed by the parties, CIICA, the Arbitrator and any assistant/secretary of the Arbitrator shall maintain the confidentiality of the arbitration and the award.
Article 3: Commencement of Arbitration
3.1 The arbitration commences on the date CIICA receives a request for the appointment of an Arbitrator (the Application) under the Expedited Arbitration Rules.
3.2 The Application should contain:
a) The names, addresses, telephone numbers and email addresses of the parties and their counsel;
b) a brief summary of the dispute and the issues to be determined; and
c) an outline of the relief sought and its factual and legal basis.
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.
3.3 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 Article 9 below);
c) any evidence that the Claimant relies on;
d) a fee of USD 1,500 [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.
3.4 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 are not complied with.
Article 4: Defence/Counterclaim
4.1 Within 7 days of the commencement of the arbitration, the Respondent should send to CIICA and to the Applicant, a Statement of Defence (and Counterclaim, if applicable) (subject to Article 9 below). This Statement of Claim should include:
a) any objections regarding the existence, validity or applicability of the arbitration agreement;
b) a statement regarding whether, and to what extent, the Respondent admits or denies the relief that has been sought by the Claimant and its factual and legal basis;
c) any counterclaim or set-off and the grounds on which it is based; and
d) any evidence that the Respondent relies on.
e) a fee of USD 1,500 [or its equivalent in Pak rupees (PKR)] per Respondent, payable by cheque or bank transfer; and
f) to CIICA and to the Applicant, a Statement of Defence (and Counterclaim, if applicable) (subject to Article 9 below).
4.2 If a counterclaim is advanced by the Respondent, but the Respondent fails to pay the required fee under Article 4.1 , and/or under Article 10 (if applicable), the Respondent’s counterclaim may be treated by the Arbitrator and by CIICA as withdrawn.
4.3 Failure by the Respondent to pay any or all of the required fee 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.
4.4 If a counterclaim is advanced, with the Respondent’s payment of the fee under Article 4.1, and the value of the Applicant’s claim and the Respondent’s counterclaim together exceeds USD 600,000, CIICA will refer the dispute for determination under the CIICA Arbitration Rules.
Article 5: Appointment of Arbitrator
5.1 In case the parties have not agreed on a procedure for appointment of the Arbitrator, or if the Arbitrator has not been appointed within the time period agreed by the parties or, where the parties have not agreed on a time period, the parties shall appoint the Arbitrator within 10 days. If the parties fail to do so, CIICA will make the appointment.
Article 6: Impartiality of Arbitrator
6.1 Before appointment, the Arbitrator shall disclose any circumstances that may give rise to justifiable doubts regarding his impartiality or independence.
6.2 Upon appointment, the Arbitrator shall submit a signed statement of acceptance and impartiality disclosing any circumstances that may raise justifiable doubts regarding his impartiality. A copy of the statement shall be forwarded by the Secretariat to the parties.
Article 7: Challenges to Arbitrator’s appointment
7.1 A party may challenge the Arbitrator if circumstances exist that raise justifiable doubts regarding the Arbitrator’s impartiality or qualifications and experience.
7.2 A party may challenge an arbitrator it has appointed, or in whose appointment it has participated, only for reasons it becomes aware of after the appointment was made.
7.3 A party wishing to challenge the Arbitrator shall submit a written statement to the Secretariat stating the reasons for the challenge, within 15 days from the date the circumstances giving rise to the challenge became known to the party. Failure to challenge the Arbitrator within the stipulated time constitutes a waiver of the party’s right to make the challenge.
7.4 The Secretariat shall notify the parties and the Arbitrator of the challenge and give them an opportunity to submit comments.
7.5 If the other party agrees to the challenge, the Arbitrator shall resign. In all other cases, the Arbitration Council shall take the final decision on the challenge.
7.6 The Arbitration Council decides that the challenge is valid, it shall appoint a new Arbitrator who shall decide whether and to what extent the proceedings are to be repeated.
Article 8: Procedural timetable
8.1 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 Article 12 for the issue of an award.
Article 9: Witness Statements
9.1 The statements of case (e.g. the Claim, Defence, and Response) must each be signed and dated by a duly authorised representative of the respective party. 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.
Article 10: Additional costs
10.1 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.
Article 11: Recovery of arbitration costs
11.1 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.
Article 12: Award
12.1 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.
Article 13: Settlement
13.1 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.
Article 14: Communications
14.1 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.
Article 15: Exclusion of Liability
15.1 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.