Part II Commentary on the International Expedited Rules, 43 Articles E-7 to E-9—The Proceedings Under the Expedited Procedures
Martin F Gusy, James M Hosking
Martin F. Gusy, James M. Hosking
- Time limitations (and jurisdiction) — Arbitration
This chapter looks at Articles E-7 through E-9 of the ICDR Rules, which set out some basic procedural guidance for an arbitration proceeding the Expedited Procedures once the case has been transferred to the sole arbitrator. These articles grant the arbitrator with discretion to set the procedure and timetable for the arbitration. Unlike the comparable provisions in the main ICDR Rules, however, this provisions presume certain limitations on the procedure to promote the efficiency goals of the Expedited Procedures. Perhaps most notable is the presumption that an expedited arbitration will be decided on documents only, without an oral hearing. Other limitations include time limits on certain procedural benchmarks, such as the issuance of a procedural order, completion of written submissions, and time for an oral hearing, where necessary.