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APLS EXPEDITED ARBITRATION RULES
SUMMARY
The APLS Expedited Arbitration Rules consist of the APLS Arbitration Rules modified in certain respects in order to ensure that the arbitration can be conducted in a shortened time frame and at reduced cost. To achieve these objectives, four main modifications have been introduced into the APLS Arbitration Rules:
(i) The Statement of Claim must accompany (and not be filed later and separately from) the Request for Arbitration. Similarly, the Statement of Defense must accompany the Answer to the Request.
(ii) There is always a sole arbitrator.
(iii) Any hearings before the sole arbitrator are condensed and may not, save in exceptional circumstances, exceed three days.
(iv) The time limits applying to the various stages of the arbitral proceedings have been shortened. In particular, the proceedings should, whenever reasonably possible, be declared closed within three months (as opposed to nine months under the APLS Arbitration Rules) of either the delivery of the Statement of Defense or the establishment of the Tribunal, whichever event occurs later, and the final award should, whenever reasonably possible, be made within one month (as opposed to three months under the APLS Arbitration Rules) hereafter.
LIST OF MODIFICATIONS
The following is the list of the modifications to the APLS Arbitration Rules that are made in the APLS Expedited Arbitration Rules:
1. The following paragraph is added to Rule 4 of the APLS Arbitration Rules:
"(h) The Center may, in consultation with the parties, reduce the period of time referred to in Rule 11."
2. Items (iv) and (v) of Rule 9 of the APLS Arbitration Rules are deleted.
3. Item (vi) of Rule 9 is replaced by the following:
"(vi) any observations that the Claimant considers useful in connection with Rules 14 and 20."
4. Rule 10 of the APLS Arbitration Rules is replaced by the following:
"The Request for Arbitration shall be accompanied by the Statement of Claim in conformity with Rule 41(b) and (c)."
5. Rule 11 of the APLS Arbitration Rules is replaced by the following:
"Within 20 days from the date on which the Respondent receives the Request for Arbitration from the Claimant or within 10 days from the date of the appointment of the Tribunal, whichever event occurs later, the Respondent shall address to the Center and to the Claimant an Answer to the Request which shall contain comments on any of the items in the Request for Arbitration."
6. Rule 12 of the APLS Arbitration Rules is replaced by the following:
"The Answer to the Request shall be accompanied by the Statement of Defense in conformity with Rule 42(b) and (c)."
7. Rules 14 to 19 of the APLS Arbitration Rules are replaced by the following Rule:
"SOLE ARBITRATOR
Rule 14
(a) The Tribunal shall consist of a sole arbitrator, who shall be appointed jointly by the parties.
(b) If the appointment of the sole arbitrator is not made within 15 days after the commencement of the arbitration, the sole arbitrator shall be appointed by the Center."
8. In Rule 25 of the APLS Arbitration Rules, the words "within 15 days" are replaced by the words "within seven days."
9. Rules 41(a) and 42(a) of the APLS Arbitration Rules are deleted.
10. Rule 53(b) of the APLS Arbitration Rules is replaced by the following:
"(b) If a hearing is held, it shall be convened within 30 days after the receipt by the Claimant of the Answer to the Request and the Statement of Defense. The Tribunal shall give the parties adequate advance notice of the date, time and place of the hearing. Except in exceptional circumstances, hearings may not exceed three days. Each party shall be expected to bring to the hearing such persons as necessary to adequately inform the Tribunal of the dispute."
11. The following paragraph is added to Rule 53 of the APLS Arbitration Rules:
"(e) Within such short period of time after the hearing as is agreed by the parties or, in the absence of such agreement, determined by the Tribunal, each party may communicate to the Tribunal and to the other party a post-hearing brief."
12. The following sentence is added to Rule 55(a) of the APLS Arbitration Rules:
"The terms of reference shall include a requirement that the expert report to the Tribunal within 30 days of receipt of the terms of reference."
13. In Rule 63(a) of the APLS Arbitration Rules, the words "nine months" are replaced by the words "three months" and the words "three months" are replaced by the words "one month."
CONSOLIDATED TEXT
A consolidated text of the APLS Expedited Arbitration Rules may be obtained from the APLS Arbitration Center. In that text, two conventions have been followed:
(i) Provisions that represent modifications of the APLS Arbitration Rules are printed in bold italics.
(ii) Where the modifications to the APLS Arbitration Rules have resulted in the deletion of Rules or paragraphs, the number or letter of the deleted Rule or paragraph has been retained accompanied by the annotation [Rule [paragraph] not used]. This has been done in order to retain the correspondence between the numbers of Rules in the APLS Arbitration Rules and in the APLS Expedited Arbitration Rules.
SCHEDULE OF FEES
The fees of the Center are the same as for an arbitration under the APLS Arbitration Rules. The arbitrator's fees are determined in the same way as the fees of an arbitrator in an arbitration under the APLS Arbitration Rules.
RECOMMENDED CONTRACT CLAUSES AND SUBMISSION AGREEMENTS
The following pages contain alternative contract clauses (for the submission of future disputes under a particular contract) and submission agreements (for the reference of an existing dispute) for the following procedures administered by the APLS Arbitration Center:
- conciliation under the APLS Conciliation Rules,
- arbitration under the APLS Arbitration Rules,
- expedited arbitration under the APLS Expedited Arbitration Rules,
- conciliation under the APLS Conciliation Rules followed, in the absence of a settlement, by arbitration under the APLS Arbitration Rules.
FUTURE DISPUTES
Recommended APLS Conciliation Clause
"Any dispute, controversy or claim arising under, out of or relating to this contract and any subsequent amendments of this contract, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be submitted to conciliation in accordance with the APLS Conciliation Rules. The place of conciliation shall be . . . The language to be used in the mediation shall be . "
RECOMMENDED CONTRACT CLAUSES AND SUBMISSION AGREEMENTS
Recommended APLS Arbitration Clause
"Any dispute, controversy or claim arising under, out of or relating to this contract and any subsequent amendments of this contract, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be referred to and finally determined by arbitration in accordance with the APLS Arbitration Rules. The arbitral tribunal shall consist of [three arbitrators][a sole arbitrator]. The place of arbitration shall be . . . The language to be used in the arbitral proceedings shall be . . . The dispute, controversy or claim shall be decided in accordance with the law of . . ."
Recommended APLS Expedited Arbitration Clause
"Any dispute, controversy or claim arising under, out of or relating to this contract and any subsequent amendments of this contract, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be referred to and finally determined by arbitration in accordance with the APLS Expedited Arbitration Rules. The place of arbitration shall be . . . The language to be used in the arbitral proceedings shall be . . . The dispute, controversy or claim shall be decided in accordance with the law of . . ."
Recommended Clause for APLS Conciliation Followed, in the Absence of a Settlement, by Arbitration
"Any dispute, controversy or claim arising under, out of or relating to this contract and any subsequent amendments of this contract, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be submitted to conciliation in accordance with the APLS Conciliation Rules. The place of conciliation shall be . . . The language to be used in the mediation shall be . . .
RECOMMENDED CONTRACT CLAUSES AND SUBMISSION AGREEMENTS
"If, and to the extent that, any such dispute, controversy or claim has not been settled pursuant to the conciliation within [60][90] days of the commencement of the conciliation, it shall, upon the filing of a Request for Arbitration by either party, be referred to and finally determined by arbitration in accordance with the APLS Arbitration Rules. Alternatively, if, before the expiration of the said period of [60][90] days, either party fails to participate or to continue to participate in the conciliation, the dispute, controversy or claim shall, upon the filing of a Request for Arbitration by the other party, be referred to and finally determined by arbitration in accordance with the APLS Arbitration Rules. The arbitral tribunal shall consist of [three arbitrators] [a sole arbitrator]. The place of arbitration shall be . . . The language to be used in the arbitral proceedings shall be . . . The dispute, controversy or claim referred to arbitration shall be decided in accordance with the law of . . ."
EXISTING DISPUTES
Recommended Submission Agreement for APLS Conciliation
"We, the undersigned parties, hereby agree to submit to conciliation in accordance with the APLS Conciliation Rules the following dispute: [Brief description of the dispute] "The place of conciliation shall be . . . The language to be used in the conciliation shall be . "
RECOMMENDED CONTRACT CLAUSES AND SUBMISSION AGREEMENTS
Recommended Submission Agreement for APLS Arbitration
"We, the undersigned parties, hereby agree that the following dispute shall be referred to and finally determined by arbitration in accordance with the APLS Arbitration Rules: [Brief description of the dispute] "The arbitral tribunal shall consist of [three arbitrators] [a sole arbitrator]. The place of arbitration shall be . . . The language to be used in the arbitral proceedings shall be . . . The dispute shall be decided in accordance with the law of . . ."
Recommended Submission Agreement for APLS Expedited Arbitration
"We, the undersigned parties, hereby agree that the following dispute shall be referred to and finally determined by arbitration in accordance with the APLS Expedited Arbitration Rules:
[Brief description of the dispute]
"The place of arbitration shall be . . . The language to be used in the arbitral proceedings shall be . . . The dispute shall be decided in accordance with the law of . . ."
RECOMMENDED CONTRACT CLAUSES AND SUBMISSION AGREEMENTS
Recommended Submission Agreement for APLS Conciliation Followed, in the Absence of a Settlement, by Arbitration
"We, the undersigned parties, hereby agree to submit to conciliation in accordance with the APLS Conciliation Rules the following dispute:
[Brief description of the dispute]
"The place of conciliation shall be . . . The language to be used in the conciliation shall be . . . "We further agree that, if, and to the extent that, the dispute has not been settled pursuant to the conciliation within [60][90] days of the commencement of the conciliation, it shall, upon the filing of a Request for Arbitration by either party, be referred to and finally determined by arbitration in accordance with the APLS Arbitration Rules.
Alternatively, if, before the expiration of the said period of [60][90] days, either party fails to participate or to continue to participate in the conciliation, the dispute shall, upon the filing of a Request for Arbitration by the other party, be referred to and finally determined by arbitration in accordance with the APLS Arbitration Rules.
The arbitral tribunal shall consist of [three arbitrators][ a sole arbitrator]. The place of arbitration shall be . . . The language to be used in the arbitral proceedings shall be . . . The dispute referred to arbitration shall be decided in accordance with the law of . . ."
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