Expedited Procedure

13.1. Prior to the constitution of the Tribunal, a party may file an application with the Centre for the arbitral proceedings to be conducted in accordance with the Expedited Procedure under this Rule, provided that any of the following criteria is satisfied:

• the amount in dispute does not exceed the equivalent amount of Nu. 1,000,000 for domestic and $1,000,000 for international, representing the aggregate of the claim and counterclaim;
• the parties so agree; or
• in cases of exceptional urgency.

13.2. The Centre upon receipt of application send a copy of application for expedited procedure to the other party.

13.3. Where a party has filed an application with the Centre under Rule 13.1, and where the Centre determines, after considering the views of the parties, and having regard to the circumstances of the case, that the arbitral proceedings shall be conducted in accordance with the Expedited Procedure, the following procedure shall apply:

• The parties shall act expeditiously throughout the proceedings;
• The arbitral tribunal shall conduct the proceedings expeditiously taking into account the fact that the parties agreed to refer their dispute to expedited arbitration and the time frames in the Expedited Rules.
• the case shall be referred to a sole arbitrator, unless the arbitration agreement provides for three arbitrators;
• If the arbitration agreement provides for three arbitrators or parties agree to have three arbitrators, Centre shall invite the parties to agree to refer the case to a sole arbitrator. If the parties do not agree, the case shall be referred to sole arbitrator.
• Procedure for appointment of all arbitrators under these Rules shall be as per Rule 14-18 except time limit, which shall be seven working days from the date of commencement of arbitration.
• Any party who received notice of arbitration under these shall submit the answer within seven working days.
• Parties may include statement of claim with notice of arbitration and statement of defense with answer to the notice of arbitration.
• Centre may shorten the time limits on any matter under these Rules.
• the Tribunal may, in consultation with the parties, decide if the dispute is to be decided on the basis of documentary evidence only, or if a hearing is required for the examination of any witness and expert witness as well as for any oral argument;
• the final Award shall be made within three months from the date when Centre transmitted the case file to the arbitral tribunal. In exceptional circumstances, the Centre may extend the time for making such final Award; and
• unless the parties have agreed that no reasons are to be given, the Tribunal may state the reasons upon which the final Award is based.

13.4. By agreeing to arbitration under these Rules, the parties agree that, where arbitral proceedings are conducted in accordance with the Expedited Procedure under this Rule 13, the rules and procedures set forth in Rule 13.3 shall apply even in cases where the arbitration agreement contains contrary terms.

13.5. Upon application by a party, and after giving the parties the opportunity to be heard, the Tribunal may, having regard to any further information as may subsequently become available, and in consultation with the Centre, order that the arbitral proceedings shall no longer be conducted in accordance with the Expedited Procedure.

13.6. Where the Tribunal decides to grant an application under this Rule 13.5, the arbitration shall continue to be conducted by the same Tribunal that was constituted to conduct the arbitration in accordance with the Expedited Procedure.