NEWSLETTER-2019-metin

158 NEWSLETTER 2019 to avoid unnecessary restrictions. Report further suggests that a sole arbitrator should be used in smaller disputes. This suggestion is in line with its Expedited Procedure Rules and the ICC model arbitration agreement. Case Management Conference A case management conference (“CMC”) is conducted to set out the initial procedural matters and the timetable. As a result, the tribunal issues its first procedural order and the timetable following the CMC. Effective case management technics are highly regarded in construction arbitrations and the CMC “cannot be over-emphasized.” 6 The Report lists the following issues to be discussed during the CMC: • Written submissions and evidence; • Expert evidence; • Bifurcation; • Need for test and site visits; • Document management; • Translation and interpretation; and • Settlement and sealed offer. It is important in construction arbitrations, which often involve technical aspects, to identify these issues at a prior stage of the pro- ceedings, and to discuss issues, such as experts and site visits earlier on in order to be time effective. Procedural Timetable ICC Rules Article 31(1) provides for a six-month time limit in which the tribunal is to render its final award. This time limit is not always realistic for construction arbitrations. Generally, construction disputes before the ICC resolve within two years. 7 When drafting the 6 Report, par. 8.1. 7 ICC Dispute Resolution 2018 Statistics.