NEWSLETTER-2017

ICC Expedited Procedure Rules in accordance with the ICC Note on the Conduct of Arbitration* Att. Ezgi Babur von Schwander The Expedited Procedure, which provides a more expeditious dispute resolution with regard to certain disputes, has been adopted with the amendments to the ICCArbitration Rules (“Rules”), effective as of March, 2017. Provisions pertaining to the Expedited Procedure are laid down under Article 30 of the Rules, as well as Appendix VI to the Rules (collectively referred to as “Provisions”). Additionally, very useful information pertaining to the applica- tion of the Provisions, and to the Expedited Procedure, in general, may be found under the ICC Note to Parties and Arbitral Tribunals on the Conduct of the Arbitration under the ICC Rules of Arbitration (“Notes”), which shall be analyzed in this Newsletter article. In General The Rules set forth that the Provisions shall be applied if (i) the arbitration agreement was concluded after March 1, 2017, (ii) the amount in dispute does not exceed $2,000,000 USD, and (iii) the par- ties have not opted out of the Provisions. The ICC Rules set forth that the parties may opt out of the Ex- pedited Procedure Provisions 1 . According to the Note, this opt out provision should express, in specific terms, the parties’ intention not to subject themselves to the Provisions. To this end, it is not sufficient if the parties have agreed on provisions, such as different time limits, or on a three-member arbitral tribunal 2 . * Article of March 2017 1 Article 30(3)(b) of the Rules. 2 Notes, §60.