icc expedited procedure rules (epp) · icc international court of arbitration ® icc international...

ICC EXPEDITED PROCEDURE RULES (EPP)

ASA CONFERENCEBERN, SWITZERLAND

Ana Serra e MouraDeputy Secretary GeneralICC International Court of Arbitration

ICC INTERNATIONAL COURT OF ARBITRATION ®

ICC INTERNATIONAL CENTRE FOR ADR

Article 30 + Appendix VI =

“Expedited Procedure Provisions” (or

“EPP”)

Article 30(1)By agreeing to the ICC Rules the parties agree that the Expedited Procedure Provisions shall take precedence over any contrary

terms of the arbitration agreement.

2017 RULES: EXPEDITED PROCEDURE PROVISIONS

13 September 2019ASA CONFERENCE



Date Arbitration Agreement

1 March 2017

Amount in

DisputeUS$ 2 Million

Opt-In- Standard Clauses- During the arbitration - Subject to Art. 30(1)

Opt-Out

- Standard clause- During the

arbitration- Express, not

Implicit

Court’s discretion

- Upon request- On its own motion

SCOPE OF APPLICATION OF EXPEDITED PROCEDURE RULES




Time and costs

proportionate to what is at stake in the

dispute

No Terms of Reference

Case Management Conference

within 15 days

The tribunal may decide the case on documents

only

The tribunal may limit document production

and submissions

Award within six months from case

management conference

PROCEEDINGS BEFORE THE TRIBUNAL




EPP 176 requests to opt-in

37 accepted (agreement to opt-in)

45 automatic cases - 9 Court decisions: 6: Court decides to apply EPP 1: Court decides to not apply EPP

1: Court decides that EPP shall no longer apply1: Court decides that EPP still applies

5 cases where parties agreed opt-out

94 EPP cases administered in total (55 ongoing)

EXPERIENCE SO FAR




EPP Most disputes are international

Types of contracts: sale & purchase, construction & engineering; consultancy

Average amount in dispute: US$ 823 940

EXPERIENCE SO FAR




EPP 4 cases where the Court has decided to have 1 arbitrator notwithstanding an arbitration agreement providing for 3 arbitrators (automatic EPP application)

1 case where the Court decided to have 3 arbitrators despite Claimant’s request to have 1 arbitrator

5 cases where the Court decided to have 1 arbitrator where the arbitration clause was silent on the number

1 case where the Court rejected a challenge on the grounds of breach of due process

EXPERIENCE SO FAR




EPP 27 cases concluded with a final award so far:

15 with a short document production phase

16 cases with no document production (agreement)

22 cases with a hearing (1-3 days max)1 hearing by videoconference

10 cases decided on documents only(agreement)

EXPERIENCE SO FAR




EPP Saisine → CMC: Average 14 days

CMC → Draft Award: 5 months + 16 daysCMC → Award notified: 5 months + 23 days

5 partial awards / 27 final awards / 2 awards by consent

Expedited scrutiny: average of 10 days

22 awards rendered within 6 months 5 awards delayed

2 cases → 5% fee reduction

EXPERIENCE SO FAR




CONSTITUTION OF THE ARBITRAL TRIBUNAL

The Court may appoint a sole

arbitrator, notwithstanding

any contrary provision of the

arbitration agreement.

The Court will normally

appoint a sole arbitrator.

The Court may appoint

three arbitrators if

appropriate in the

circumstances and taking into consideration rules of law that may be applicable.

If the Court decides that

the EPP shall no longer

apply it can reconstitute the arbitral tribunal if

appropriate.




CONSTITUTION OF ARBITRAL TRIBUNAL

– Arbitration agreement : 3 arbitrators– Amount in dispute: US$ 700 000 – Non participating Respondent– Place of arbitration: Singapore– Case law: Singapore Supreme Court AQZ v. ARA (2015)




CONSTITUTION OF ARBITRAL TRIBUNAL

– Arbitration agreement: 3 arbitrators– Amount in dispute: US$ 1 150 000 – Respondent: objection to the application of EPP and appointment of

a sole arbitrator– Place of arbitration: Amsterdam – Case law: Noble Resources International Pte. Ltd v. Shanghai Good

Credit International Trade Co., Ltd. (2016)




EXPERIENCE SO FAR: CONSTITUTION OF ARBITRAL TRIBUNAL AND CONSOLIDATION


a sole arbitrator– The Court decided to apply EPP and submit the matter to one

arbitrator– Subsequent request for consolidation




CONSTITUTION OF ARBITRAL TRIBUNAL AND CONSOLIDATION


a sole arbitrator– The Court decided to apply EPP and submit the matter to one

arbitrator– Subsequent request for consolidation




CONSTITUTION OF THE ARBITRAL TRIBUNAL

– Arbitration agreement: 3 arbitrators– Amount in dispute: US$ 356 000– Place of arbitration: Doha– Potential place of enforcement: Qatar




EXPERIENCE SO FAR: ARBITRATORS




EXPERIENCE SO FAR: LANGUAGE & PLACE OF ARBITRATION


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icc expedited procedure rules (epp) · icc international court of arbitration ® icc international...

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