Time Limits and Extensions of Time Limits – Additional Facility Arbitration (2022 Rules)

The Tribunal and the parties have a duty to conduct the proceeding in good faith and in an expeditious and cost-effective manner (Additional Facility Arbitration Rule 11). This duty is supported by other provisions in the Arbitration Rules, e.g., with regard to time limits applicable to the parties and to the Tribunal.

Time Limits Applicable to the Parties

The Tribunal (or the Secretary-General for certain procedures if there is no Tribunal) fixes time limits for the various steps in the proceeding after consulting the parties (Additional Facility Arbitration Rule 18). The procedural calendar is typically established at the first session.

In addition, some time limits applicable to the parties are prescribed by the Additional Facility Arbitration Rules.

Time Limits Applicable to Parties Prescribed by the Additional Facility Arbitration Rules

Type of Request/ Submission/Notice/ Agreement	Time Limit	AF Arbitration Rule
Notice of Third-party Funding	Upon registration or immediately upon concluding a third-party funding arrangement after registration	23(1) & (2)
Agreement on Method of Appointment	Within 45 days after the date of registration	24(2)
Request for the Secretary-General to appoint missing arbitrators	90 days after the date of registration	26(1)
Proposal for Disqualification of an Arbitrator	Within 21 days after the later of: the constitution of the Tribunal; or the date on which the party proposing the disqualification first knew or first should have known of the facts on which the proposal is based	30(2)(a)
Response to Proposal for Disqualification	Within 21 days after receipt of proposal	30(2)(c)
Final written submissions on Proposal for Disqualification	Within 7 days after expiry of time limit in AR 21(1)(d) or after receipt of arbitrator’s statement	30(2)(e)
Objection that a Claim is Manifestly Without Legal Merit	No later than 45 days after the constitution of the Tribunal	51(2)(a)
Request for Bifurcation (not relating to preliminary objections)	As soon as possible	52(3)(a)
Notification of intent to file Preliminary Objections	As soon as possible	53(3)
Request for Bifurcation of Preliminary Objections	Within 45 days after: the filing the memorial on the merits; the filing of the written submission containing the ancillary claim if the objection relates to an ancillary claim; or as soon as possible after the facts on which the preliminary objection is based become known to a party, if those facts were unknown to the party on the relevant dates	54(1)(a)
Preliminary Objections without a Request for Bifurcation	No later than the date to file the counter-memorial on the merits; or No later than the date to file the next written submission after an ancillary claim is made, if the objection relates to the ancillary claim	55(b)
Memorial on Ancillary Claims	Incidental or additional claim: no later than in the reply Counter-claim: no later than in the counter-memorial (unless the Tribunal decides otherwise)	58(2)
Default	Grace period cannot exceed 60 days	59(3)
Discontinuance for Failure of Parties to Act	30 days after the notice that no step has been taken for 150 consecutive days	67(2)
Publication of Orders, Decisions and Awards	60 days to notify redactions and indicate any dispute concerning redactions	73
Request for Supplementary Decision, Rectification and Interpretation	Within 45 days after dispatch of the Award	72(2)

Extension of Time Limits Applicable to the Parties

Time limits fixed by the Tribunal (or by the Secretary-General if there is no Tribunal) may be extended by the Tribunal (or the Secretary-General) or by agreement of the parties. A party must file a reasoned request for an extension of such time limit before it expires (Additional Facility Arbitration Rule 19(2)).

Some of the time limits prescribed by the Additional Facility Arbitration Rules can only be extended by agreement of the parties, unless the Tribunal decides that there are special circumstances justifying the failure to meet the time limit (Additional Facility Arbitration Rule 19(1))

Extension of Time Limits Applicable to the Parties (Additional Facility Arbitration Rule 19)

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Time Limits Applicable to the Tribunal

The Additional Facility Arbitration Rules also prescribe time limits applicable to the Tribunal. These are best efforts obligations (Additional Facility Arbitration Rule 20(1)). The failure to comply with a time limit would not constitute a ground for challenging the validity of an Award or the Tribunal’s jurisdiction.

If a Tribunal cannot comply with a time limit, it must advise the parties of the special circumstances justifying the delay and provide an estimate of when the relevant ruling will be issued (Additional Facility Arbitration Rule 20(2)). Failure to do so may lead to the postponement of the payment of an arbitrator’s claim for fees. Information concerning outstanding rulings will be posted under the procedural details of the relevant case.

Type of Decision/ Order/Award	Time Limit	AF Arbitration Rule
Procedural Order No. 1	Within 15 days after the later of the First Session or the last written submission on procedural matters addressed at the first session	38(5)
Decision or Award on the objection that a claim manifestly lacks legal merit	Within 60 days after the later of the constitution of the Tribunal or the last submission on the objection	51(2)(e); 69(1)(a)
Decision on Bifurcation	Within 30 days after the last submission on the request	52(3)(d); 54(1)(e)
Decision or Award on Jurisdiction	Within 180 days after the last submission	54(3)(c); 69(1)(b)
Award on the Merits	Within 240 days after the last submission	54(4)(c); 55(d); 69(1)(c)
Decision on Provisional Measures	Within 30 days after the later of the constitution of the Tribunal or the last submission on the request	57(2)(d)
Decision on Security for Costs	Within 30 days after the later of the constitution of the Tribunal or the last submission on the request	63(2)(d)
Decision on rectification, supplementary decision or Interpretation	Within 60 days after the last submission on the request	72(8)
Decision on whether to permit a submission by a non-disputing party	Within 30 days after the last written submission on the application	77(5)
Award in Expedited Arbitration	Within 120 days after the hearing	85(1)(i)
Decision on Rectification, Supplementary Decision or Interpretation in Expedited Arbitration	Within 30 days after the last submission on the request	87(3)