EXPEDITED ARBITRATION - Arbitration and Mediation Center of Armenia

EXPEDITED

Arbitration

The Expedited Procedure is a special, ‘fast-track’ procedure that is applied in AMCA arbitrations. Where a case is conducted under the Expedited Procedure, the final award will be issued within 3 months from the day the Arbitral Tribunal is composed.

Arbitration Rules, Annex 2, Artile 1(2)

Criteria for Expedited Arbitration

Overview of Arbitral Proceedings

Arbitration is an alternative dispute resolution process used by individuals and organizations to resolve legal disputes outside of the traditional court system. Unlike court proceedings, the parties can choose the arbitrator and determine the process for resolving their case․

Article 1. Application of the Expedited Procedure Rules

The Rules shall apply to an arbitration under the Expedited Procedure Rules insofar as they do not contradict the regulations prescribed by this Annex.
Expedited procedure rules shall be applicable only to domestic disputes in which the amount of claim does not exceed 10 million AMD.
Upon receipt of the Answer to the Request pursuant to Article 6 of the Rules, or upon expiry of the time limit for the Answer or at any relevant time thereafter and subject to Article 34(3) of the Rules, the Secretariat will inform the parties that the Expedited Procedure Provisions shall apply in the case.
The Arbitration Council may, at any time during the arbitral proceedings, on its own motion or upon the request of a party, and after consultation with the arbitral tribunal and the parties, decide that the Expedited Procedure Provisions shall no longer apply to the case. In such case, unless the Arbitration Council considers that it is appropriate to replace and/or reconstitute the arbitral tribunal, the arbitral tribunal shall remain in place.

Article 2. Composition of the Arbitral Tribunal

In arbitration conducted under the Expedited Procedure Rules, the arbitral tribunal shall be composed of a sole arbitrator, notwithstanding any contrary provision of the arbitration agreement.
The parties may nominate the sole arbitrator for confirmation within a time limit to be fixed by the Secretariat. In the absence of such nomination, the sole arbitrator shall be appointed by the Secretary General.
The Secretary General, after notification to the Chairperson of the Arbitration Council, shall confirm or appoint the arbitrator within 15 days after receiving the Response to the Request or after the expiry of the time limit provided therefor.

Article 3. Proceedings

Article 26 of the Rules shall not apply to an arbitration under the Expedited Procedure Rules.
The time limit for submitting the Answer in the expedited procedure shall be 10 days.
After the arbitral tribunal has been constituted, no party shall make new claims, unless it has been authorized to do so by the arbitral tribunal, which shall consider the nature of such new claims, the stage of the arbitration, any cost implications and any other relevant circumstances.
The arbitral tribunal shall have discretion to adopt such procedural measures as it considers appropriate. In particular, the arbitral tribunal may, after consultation with the parties, decide not to allow requests for document production or to limit the number, length and scope of written submissions and written witness evidence (both fact witnesses and experts).
The arbitral tribunal may, after consulting the parties, decide the dispute solely on the basis of the documents submitted by the parties, with no hearing and no examination of witnesses or experts.

Article 4. Award

1․ The time limit within which the arbitral tribunal must render its final award is 3 months after the arbitral tribunal is constituted. The Secretariat may extend the time limit pursuant to a reasoned request from the arbitral tribunal or on its own initiative if it decides it is necessary to do so.

2․ The fees of the arbitral tribunal shall be fixed according to the scales of costs of arbitration for the expedited procedure set out in Annex 1.