Edited by Laurent Lévy & Michael Polkinghorne.
The amended ICC Rules of Arbitration entered into force on 1 March 2017. They include an ICC expedited procedure automatically applicable to cases with an amount in dispute below USD 2 million unless expressly excluded by the parties.
This Dossier XVI of the ICC Institute of World Business Law explores some of the ways and means to conduct proceedings in a reasonable time without jeopardising due process.
A number of questions are discussed:
- What works and what doesn’t work in drafting arbitration agreements to seek the expeditious resolution of their disputes?
- What can a tribunal do where the rules are silent?
- How will national courts deal with challenges to awards where tribunals have failed to resolve disputes in an expeditious fashion?
Expedited arbitral procedures are not new and already exist in areas such as domain name and sports disputes. Readers will explore in detail what experience has taught us in these two fields.
The book also looks at the specific issue of summary judgement and the enforcement of such decisions. Looking back through history, the authors consider what we can learn from the past with a view to the future.
This Dossier will help arbitrators, counsel and parties to properly address the challenge of reducing the duration and cost of arbitration proceedings.