UNCITRAL 2021 Expedited Arbitration Rules was published on 9 September 2021!

Expedited arbitration is a method in which the duration of the proceedings is shortened, and the procedure is simplified to ensure that arbitration is concluded faster and at a low cost. This method has been adopted and successfully enforced by many arbitration institutions as a response to the criticism of the users about the length of the arbitration proceedings and the increase in the costs accordingly.

The Expedited Arbitration Rules, prepared by the United Nations Commission on International Trade Law (UNCITRAL), considering these needs in practice, was published on 19 September 2021.

These Rules, which are the most up-to-date ones prepared within the scope of UNCITRAL, aim to ensure that a certain dispute is resolved in the fastest and most efficient way. The UNCITRAL Expedited Arbitration Rules are a considered as a part of the UNCITRAL Arbitration Rules.

Upon the parties’ agreement, the Expedited Arbitration Rules can be applied (Article 1). It is possible for the parties to waive the application of these Rules at any stage of the proceedings (Article 2). In addition, upon the request of one of the parties, in extraordinary circumstances, the arbitral tribunal may decide not to apply these Rules, after consulting with the parties.

UNCITRAL Expedited Arbitration Rules stipulate that the dispute will be resolved by a sole arbitrator unless otherwise agreed (Article 7). Many possibilities are set out in the Rules for the arbitration proceedings to be concluded as fast as possible. For instance, unless otherwise agreed, hearings shall be held online (Article 3). The arbitrator, after consulting the parties, may decide to continue the proceedings without holding a hearing if it deems that there is no reason to hold a hearing. 

The Rules state that when communicating its notice of arbitration to the respondent, the claimant shall also communicate its statement of claim (Article 4). The respondent shall communicate its statement of defence to the claimant and the arbitral tribunal within 15 days of the constitution of the arbitral tribunal. (Article 5).

According to the Rules, the award shall be made within six months from the date of the constitution of the arbitral tribunal unless otherwise agreed by the parties (Article 16). In case of an extraordinary circumstance, the arbitration period may be extended to 9 months by the arbitrator after consulting with the parties. Finally, if it is not possible to render the award within this period, the arbitrator shall invite both parties to agree upon a new extension of time. If parties cannot reach an agreement, either party may request that the Expedited Arbitration Rules not to be applied, and in such a case, the process will be continued in accordance with the standard UNCITRAL Arbitration Rules.

The UNCITRAL Expedited Arbitration Rules, which aim to provide a more effective arbitration proceedings by saving time and expenses, offer a procedure in which the proceedings are simplified, and the time limitations are shortened. Compared to the expedited arbitration procedure in the existing institutional arbitration rules, it is striking to one’s eye that there is no monetary threshold for the implementation of the UNCITRAL Expedited Arbitration Rules. In addition, the feature that a possible hearing to be decided shall be conducted online reveals that the developments after Covid 19 have been adopted by the Rules.

For full access to the Rules: https://uncitral.un.org/sites/uncitral.un.org/files/media-documents/uncitral/en/uncitral_ear-e_website.pdf