The goal of arbitration is to create an efficient procedure for the resolution of domestic and international disputes. One of the main factors affecting the speed and efficiency of arbitration are arbitral procedural rules. To further increase the efficiency and speed, the United Nations Commission on International Trade Law (UNCITRAL) issued its expedited arbitration rules, which entered into force on September 19, 2021, and were incorporated as an Appendix to the 2013 UNCITRAL Arbitration Rules.
The rules are the result of the UNCITRAL Working Group II consisting of leading arbitration experts from different jurisdictions and reflect international best practices. Key aspects of the rules are the following:
- The arbitration is decided by a sole arbitrator unless otherwise agreed by the parties.
- The procedural time limits for the filing of the response to the notice of arbitration and the appointment of the arbitrator are reduced.
- The award must be rendered within 6 months from the date of constitution of the arbitral tribunal. In exceptional circumstances, the arbitral tribunal may extend that period for up to additional 3 months.
- Expert and testimonial evidence must be submitted in writing.
- In the event that a hearing is held, the Tribunal shall decide whether witnesses and experts will testify.
- The Tribunal can use any technological means deemed appropriate to conduct the proceedings.
To apply the expedited rules, parties must expressly agree to the expedited rules in advance through an arbitration agreement. The arbitration agreement must have an explicit reference to the use of the expedited rules. The expedited rules also do not have a maximum cap on the claim amount in dispute.
UNCITRAL has further promoted the regulation of arbitration with these rules and ensured the efficiency and speed of the arbitral process.
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