Arbitration Expedited Rules
EXPEDITED PROCEDURE RULES
Application of the Expedited Procedure Rules
1. In so far as Article 32 of the Rules of Arbitration of the JICAM (the “Rules”) and this Appendix II do not provide otherwise, the Rules shall apply to arbitration under the Expedited Procedure Rules.
2. The amount referred to in Article 33(2), subparagraph
a), of the Rules is N 1,000,000,000.
3. Upon receipt of the Answer to the Request pursuant to Article II of the Rules, or upon expiry of the time limit for the Answer or at any relevant time thereafter and
subject to Article 32(3) of the Rules, the General Manager of the JICAM will inform the parties that the Expedited Procedure Provisions shall apply in the case.
4. The Court 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 Court considers that it is appropriate to replace and/or reconstitute the arbitral tribunal, the arbitral tribunal shall remain in place.
Constitution of the Arbitral Tribunal
1. The Court may, notwithstanding any contrary provision of the arbitration agreement, appoint a sole arbitrator.
2. The parties may nominate the sole arbitrator within a time limit to be fixed by the General Manager of the JICAM. In the absence of such nomination, the sole arbitrator shall be appointed by the Court within as s h o r t a t i m e a s p o s s i b l e .
1. Article 24 of the Rules shall not apply to arbitration under the Expedited Procedure Rules.
2. 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.
3. 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).
4. 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. When a hearing is to be held, the arbitral tribunal may conduct it by videoconference, telephone or similar means of communication.
1. The time limit within which the arbitral tribunal must render its final award is six months from the date of the case management conference. The Court may extend
the time limit pursuant to Article 32(2) of the Rules.
2. The fees of the arbitral tribunal shall be fixed according to the scales of administrative expenses and arbitrator’s fees for the expedited procedure set out in
In all matters concerning the expedited procedure not expressly provided for in this Appendix, the Court and the arbitral tribunal shall act in the spirit of the Rules and this Appendix