NEWSLETTER-2017

140 NEWSLETTER 2017 Determination of the Amount in Dispute in the Application of the Provisions As the Rules set forth a monetary limit, the determination of the amount in dispute for the purpose of application of the Provisions is of great importance. When there is one monetary claim that is already quantified, or which may easily be quantified, the determination of the amount in dispute would not be susceptible to cause problems. On the other hand, the practice shows that in some disputes, the determina- tion of the amount in dispute is not quite straightforward. Consider- ing these issues that may arise, in practice, the Notes clarify that the amount in dispute shall include all quantified claims, counterclaims, cross-claims and claims pursuant to Article 7 (Joinder of Additional Parties) and Article 8 (Claims Between Multiple Parties) 3 . In the ICC arbitration, a quantification of the monetary value of the claims is requested, in order to determine the advance in costs. Similarly, in the Expedited Procedure, this estimation by the parties shall serve as basis for the Secretariat to decide whether the Provisions shall be applied. If there are objections to the applicability of the Provisions, the Court shall decide on this matter, after giving an opportunity to the other parties to state their views. These submissions shall be made in the Request for Arbitration and in the Answer 4 . An important state- ment in the Notes is that the arbitral tribunal may take into account in assessing costs, whether a party has artificially inflated its claims in order to prevent the Provisions from applying 5 . Constitution of the Arbitral Tribunal and Conduct of Proceedings Under the Expedited Procedure, the dispute shall be resolved by a sole arbitrator, which provides an expeditious and cost-effective 3 Notes, §63. 4 Notes, §67, §68. 5 Notes, §70.