(1) At any time, the parties to an arbitration conducted pursuant to these Rules may consent to expedite the arbitration in accordance with this Chapter (“expedited arbitration”) by jointly notifying the Secretary-General in writing of their consent.
(2) Chapters I-XII of the ICSID Additional Facility Arbitration Rules apply to an expedited arbitration except that:
(a) Rules 24, 26, 49, 50, 51, 52, 54 and 56 do not apply in an expedited arbitration; and
(b) Rules 27, 38, 47, 53, 59, 69 and 72, as modified by Rules 80-87, apply in an expedited arbitration.
(3) If the parties consent to expedited arbitration after the constitution of the Tribunal pursuant to Chapter IV, Rules 80-82 shall not apply, and the expedited arbitration shall proceed subject to all members of the Tribunal confirming their availability pursuant to Rule 83(2). If an arbitrator is unavailable to proceed on an expedited basis, the arbitrator may offer to resign.
(1) The Tribunal in an expedited arbitration shall consist of a Sole Arbitrator appointed pursuant to Rule 81 or a three-member Tribunal appointed pursuant to Rule 82.
(2) The parties shall jointly notify the Secretary-General in writing of their election of a Sole Arbitrator or a three-member Tribunal within 30 days after the date of the notice of consent referred to in Rule 79(1).
(3) If the parties do not notify the Secretary-General of their election within the time limit referred to in paragraph (2), the Tribunal shall consist of a Sole Arbitrator to be appointed pursuant to Rule 81.
(4) An appointment pursuant to Rule 81 or 82 is an appointment in accordance with the method agreed by the parties.
(1) The parties shall jointly appoint the Sole Arbitrator within 20 days after the notice referred to in Rule 80(2).
(2) The Secretary-General shall appoint the Sole Arbitrator if:
(a) the parties do not appoint the Sole Arbitrator within the time limit referred to in paragraph (1);
(b) the parties notify the Secretary-General that they are unable to agree on the Sole Arbitrator; or
(c) the appointee declines the appointment or does not comply with Rule 83(1).
(3) The following procedure shall apply to the appointment by the Secretary-General of the Sole Arbitrator pursuant to paragraph (2):
(a) the Secretary-General shall transmit a list of five candidates for appointment as Sole Arbitrator to the parties within 10 days after the relevant event referred to in paragraph (2);
(b) each party may strike one name from the list and shall rank the remaining candidates in order of preference and transmit such ranking to the Secretary-General within 10 days after receipt of the list;
(c) the Secretary-General shall inform the parties of the result of the rankings on the next business day after receipt of the rankings and shall appoint the candidate with the best ranking. If two or more candidates share the best ranking, the Secretary-General shall select one of them; and
(d) if the selected candidate declines the appointment or does not comply with Rule 83(1), the Secretary-General shall select the next highest-ranked candidate.
(1) A three-member Tribunal shall be appointed in accordance with the following procedure:
(a) each party shall appoint an arbitrator (“co-arbitrator”) within 20 days after the notice referred to in Rule 80(2); and
(b) the parties shall jointly appoint the President of the Tribunal within 20 days after the receipt of the acceptances from both co-arbitrators.
(2) The Secretary-General shall appoint the arbitrators not yet appointed if:
(a) an appointment is not made within the applicable time limit referred to in paragraph (1);
(b) the parties notify the Secretary-General that they are unable to agree on the President of the Tribunal; or
(c) an appointee declines the appointment or does not comply with Rule 83(1).
(3) The following procedure shall apply to the appointment by the Secretary-General of any arbitrators pursuant to paragraph (2):
(a) the Secretary-General shall first appoint the co-arbitrator(s) not yet appointed. The Secretary-General shall consult with the parties as far as possible and use best efforts to appoint the co-arbitrator(s) within 15 days after the relevant event in paragraph (2);
(b) within 10 days after the later of the date on which both co-arbitrators have accepted their appointments or the relevant event referred to in paragraph (2), the Secretary-General shall transmit a list of five candidates for appointment as President of the Tribunal to the parties;
(c) each party may strike one name from the list and shall rank the remaining candidates in order of preference and transmit such ranking to the Secretary-General within 10 days after receipt of the list;
(d) the Secretary-General shall inform the parties of the result of the rankings on the next business day after receipt of the rankings and shall appoint the candidate with the best ranking. If two or more candidates share the best ranking, the Secretary-General shall select one of them; and
(e) if the selected candidate declines the appointment or does not comply with Rule 83(1), the Secretary-General shall select the next highest-ranked candidate.
(1) An arbitrator appointed pursuant to Rule 81 or 82 shall accept the appointment and provide a declaration pursuant to Rule 27(3) within 10 days after receipt of the request for acceptance.
(2) An arbitrator appointed to a Tribunal constituted pursuant to Chapter IV shall confirm being available to conduct an expedited arbitration within 10 days after receipt of the notice of consent pursuant to Rule 79(3).
(1) The Tribunal shall hold a first session pursuant to Rule 38 within 30 days after the constitution of the Tribunal.
(2) The first session shall be held remotely, unless both parties and the Tribunal agree it shall be held in person.
(1) The following schedule for written submissions and the hearing shall apply in an expedited arbitration:
(a) the claimant shall file a memorial within 60 days after the first session;
(b) the respondent shall file a counter-memorial within 60 days after the date of filing the memorial;
(c) the memorial and counter-memorial referred to in paragraph (1)(a) and (b) shall be no longer than 200 pages;
(d) the claimant shall file a reply within 40 days after the date of filing the counter-memorial;
(e) the respondent shall file a rejoinder within 40 days after the date of filing the reply;
(f) the reply and rejoinder referred to in paragraph (1)(d) and (e) shall be no longer than 100 pages;
(g) the hearing shall be held within 60 days after the last written submission is filed;
(h) the parties shall file statements of their costs and written submissions on costs within 10 days after the last day of the hearing referred to in paragraph (1)(g); and
(i) the Tribunal shall render the Award as soon as possible, and in any event no later than 120 days after the hearing referred to in paragraph (1)(g).
(2) Any preliminary objection, counterclaim, incidental or additional claim shall be joined to the schedule referred to in paragraph (1). The Tribunal shall adjust the schedule if a party raises any such matter, taking into account the expedited nature of the process.
(3) The Tribunal may extend the time limits referred to in paragraph (1) by up to 30 days to decide a dispute arising from requests to produce documents pursuant to Rule 47. The Tribunal shall decide such requests based on written submissions and without an in-person hearing.
(4) Any schedule for submissions other than those referred to in paragraphs (1)-(3) shall run in parallel with the schedule referred to in paragraph (1), unless the proceeding is suspended or the Tribunal decides that there are special circumstances justifying the suspension of the schedule. In fixing time limits for such submissions, the Tribunal shall take into account the expedited nature of the process.
A Tribunal may grant a party in default a grace period not to exceed 30 days pursuant to Rule 59.
(1) A Tribunal may rectify any clerical, arithmetical or similar error in the Award on its own initiative within 15 days after rendering the Award.
(2) A request for a supplementary decision, rectification or interpretation of an Award made pursuant to Rule 72 shall be filed within 15 days after the Award was rendered.
(3) The Tribunal shall issue a supplementary decision, rectification or interpretation of an Award pursuant to Rule 72 within 30 days after the last submission on the request.
(1) The parties may opt out of an expedited arbitration at any time by jointly notifying the Tribunal and Secretary-General in writing of their agreement.
(2) Upon request of a party, the Tribunal may decide that an arbitration should no longer be expedited. In deciding the request, the Tribunal shall consider the complexity of the issues, the stage of the proceeding and all other relevant circumstances.
(3) The Tribunal, or the Secretary-General if a Tribunal has not been constituted, shall determine the further procedure pursuant to Chapters I-XII and fix any time limit necessary for the conduct of the proceeding.