Article

Let’s make this quick – Expedited Procedure in International Arbitration18 December 2024

In response to the growing need for faster and cost-effective dispute resolution, leading arbitral institutions such as the Singapore International Arbitration Centre (“SIAC”), London Maritime Arbitrators Association (“LMAA”) and Singapore Chamber of Maritime Arbitration (“SCMA”) have incorporated expedited procedures into their rules. These procedures are specifically designed to resolve disputes of lower value or complexity within shorter timelines, using streamlined processes that maintain fairness and enforceability.

"Streamlined procedures and limited hearings reduce legal and administrative expenses, making arbitration more accessible."

Expedited arbitration procedures typically include features such as:

shortened timeframes for the completion of submissions, hearings, and issuance of awards;
appointment of a sole arbitrator to simplify proceedings unless the parties agree otherwise;
limited discovery and documentation requirements to avoid unnecessary delays; and
reduced reliance on oral hearings, with a preference for resolving disputes on written submissions.

Benefits of Expedited Procedures:

time efficiency: disputes are resolved significantly faster, often within six to nine months, compared to traditional arbitration timelines;
cost savings: streamlined procedures and limited hearings reduce legal and administrative expenses, making arbitration more accessible. In addition, institutions like SIAC apply expedited rules for disputes below a certain monetary threshold, whilst the LMAA and SCMA offer cost-effective procedures tailored to maritime disputes. By providing a streamlined path to resolution, these mechanisms enhance the appeal of arbitration as the preferred choice for resolving international commercial and maritime disputes;
proportionality: procedures are adapted to suit the value and complexity of the dispute, ensuring a fair yet efficient resolution;
finality and certainty: The quick issuance of awards minimizes prolonged uncertainty, allowing parties to move forward with their commercial operations; and
practicality for maritime and trade disputes: expedited procedures are especially useful in sectors such as shipping and commodities, where time-sensitive resolutions are critical.

"Expedited procedures are especially useful in sectors such as shipping and commodities, where time-sensitive resolutions are critical."

Expedited Procedure Across Prominent Arbitration Rules
	SIAC Rules 2016	SCMA Rules 2022	LMAA Rules 2021	ICC Rules 2021
Full Form	Singapore International Arbitration Centre Rules (6th Edition), 1 August 2016	Singapore Chamber of Maritime Arbitration (4th Edition), 1 January 2022	London Maritime Arbitrators Association Terms 2021	International Chamber of Commerce Arbitration Rules 2021
Expedited Procedure	Rule 5: Expedited Procedure	Rule 44: Expedited Procedure Rule 45: SCMA Expedited Arbitral Determination of Collision Claims (SEADOCC Terms) Rule 46: Singapore Bunker Claims Procedure (SBC Terms)	No expedited procedure. The LMAA Small Claims Procedure 2021 (“SC Procedure”) The LMAA Intermediate Claims Procedure 2021 (“IC Procedure”)	Article 30 and Appendix VI
Can Parties Agree to Expedite?	Yes, the parties can agree for arbitral proceedings to be conducted in accordance with Rule 5 or in cases of exceptional urgency.	Yes, the parties can agree in writing that their dispute shall be dealt with under Rule 44.	The SC Procedure and IC Procedure shall apply to any dispute which parties have agreed should be referred to arbitration under these Procedure.	The ICC Expedited Procedure Provisions automatically apply if the criteria at Article 30 is met.
Claim Limit	The amount in dispute does not exceed the equivalent amount of SGD6m, representing the aggregate of the claim, counterclaim, and any defence of set-off.	At the time fixed for the service of the Response to the Notice of Arbitration, the aggregate amount of claims and counterclaims is equal to or less than US$300,000 (excluding interest and costs). The SCMA also provides for a small claims procedure where the threshold is fixed at US$150,000. However, parties are free to use this procedure for larger claims as well. Save for the claim limit, the SCMA small claims procedure largely mirrors the expedited procedure.	The SC Procedure: shall apply where the total amount of the claimant’s claims and the total amount of any counterclaims does not exceed US$100,000 (with this limit applying separately to claims and counterclaims, and not as an aggregate figure). The IC Procedure: shall apply where the total amount of the claimant's claims or the total amount of any counterclaims exceed any applicable agreed upper limit under the SC Procedure, or US$100,000, but where neither the total amount of the claimant’s claims nor the total amount of any counterclaims exceeds US$400,000, or such other sum as the parties may agree, (exclusive of interest and costs).	Shall apply if the amount in dispute does not exceed (Article 30(2) and Article 1(2) of Appendix VI): • US$2m, if the arbitration agreement under the Rules was concluded on or after 1 March 2017 and before 1 January 2021; or • USD$3m, if the arbitration agreement under the Rules was concluded on or after 1 January 2021. The ICC Expedited Procedure Provisions do not apply if (Article 30(3)): • the arbitration agreement was concluded before the date on which the ICC Expedited Procedure Provisions came into force, i.e., 1 March 2017; or • the parties have agreed to opt out of the ICC Expedited Procedure Provisions. the ICC Court, upon the request of a party before the constitution of the arbitral tribunal or on its own motion, determines that it is inappropriate in the circumstances to apply the Expedited Procedure Provisions.
Commencement	A party may file an application by writing to the Registrar for the arbitral proceedings to be conducted in accordance with the Expedited Procedure set out at Rule 5. The President of the SIAC Court of Arbitration will determine whether the arbitration proceedings will be conducted in accordance with the Expedited Procedure (subject to SIAC's receipt of the requisite deposits).	A party may file an application by writing to the Registrar for the arbitral proceedings to be conducted in accordance with the Expedited Procedure set out at Rule 44.	If parties agree to SCMA Arbitration and the claim is within the threshold amount mentioned above, the SC Procedure or the IC Procedure (as the case may be) automatically applies, unless otherwise agreed.	The ICC Court may at any time, upon request of a party or on its own motion after consulting the arbitral tribunal and the parties, decide that the Expedited Procedure Provisions no longer apply (Article 1(4) of Appendix VI).
Constitution of the Tribunal	A case conducted under the SIAC Expedited Procedure will typically be heard before a sole arbitrator Tribunal unless the President decides otherwise.	A dispute proceeding under this Expedited Procedure shall be heard by a sole arbitrator and Rule 8.3 shall apply.	The SC Procedure: unless a sole arbitrator has already been agreed on, either party may give notice to the other requiring it to join in appointing a sole arbitrator. The IC Procedure: The parties are free to agree on the composition of the tribunal but, in the absence of agreement, the tribunal is to consist of three arbitrators.	The Court may appoint a sole arbitrator notwithstanding any contrary provision of the arbitration agreement. The Court may appoint three arbitrators if appropriate in the circumstances. In all cases, the Court will invite the parties to comment in writing before taking any decision and shall make every effort to make sure that the award is enforceable at law.
Issuance of the Award	The award will be issued within six months of the constitution of the Tribunal unless the Registrar extends the time for making the award.	The Tribunal shall issue the award within 21 days either from the date of receipt of all parties’ case statements or, if an oral hearing is fixed, from the close of the oral hearing. Brief reasons shall be given in a final award made under this Expedited Procedure.	The SC Procedure: The arbitrator will make every effort to publish the award within one month, in a documents‐only case, from the date of receipt of all relevant documents and submissions, or, where there is an oral hearing, from the close of the hearing. The IC Procedure: The tribunal will make every effort to publish its award within 6 weeks of service of the last submissions served by the parties.	The award is rendered within six months from the case management conference.
Costs	Filing Fee (inclusive of 9% GST) (non-refundable): SG$2,180 (Singapore Parties) SG$2,000 (Overseas Parties) Estimated maximum costs of the arbitration under the Expedited Procedure is calculated under the applicable SIAC Schedule of Fees (this is the same as for arbitration proceedings conducted under a standard track).	Filing Fee: US$300 The fees of any arbitrator hearing a dispute under the Expedited Procedure shall be capped at US$10,000 in circumstances where the aggregate claims and counterclaims are up to or equal to US$200,000. Where the aggregate claims and counterclaims are up to or equal to US$300,000, the fees of any arbitrator shall be US$10,000 plus 5% of the amount by which the claims exceed US$200,000. The Tribunal may order that all or part of the legal or other costs of one party shall be paid by another party but the amount of such costs to be paid by that other party shall not exceed US$15,000 in circumstances where the aggregate claims and counterclaims are up to or equal to US$200,000. Where the aggregate claims and counterclaims are up to US$300,000, the costs shall be US$15,000 plus 5% of the amount by which the claim exceeds US$200,000.	The SC Procedure: Fling Fee (non-refundable): £450 Arbitrator Appointment Fee: £5,000 Claim Fee: fixed at a maximum of £6,000 (£5,000 for arbitrations commenced before 31 March 2024). Counterclaim which exceeds the amount of the claim: fixed at a maximum of £7,000 for claim and counterclaim (£6,000 for arbitrations commenced before 31 March 2024). The arbitrator shall assess and award costs on a commercial basis having regard to the nature of the reference. Any breakdowns or explanations regarding such costs (limited to 500 words) are to be provided within seven days of the service of the last submission as referred to in paragraph 5 above, failing which the arbitrator shall proceed as he or she sees fit. The IC Procedure: Admin Fee (non-refundable): £450 Appointment Fee: £350 Costs will be awarded on a commercial basis and in such manner and amount as the tribunal shall in its absolute discretion consider fair, reasonable, and proportionate to the matters in dispute. The parties’ recoverable costs are to be capped so that neither party shall be entitled to recover more than a sum equivalent to 30% of the claimant’s monetary claim (excluding interest and costs) as originally advanced or, if greater, as subsequently amended, plus, should there be a counterclaim and should the tribunal consider it to be distinct from the claimant’s claim, a sum equivalent to 30% of such monetary counterclaim (excluding interest and costs) as originally advanced or, if greater, as subsequently amended.	Filing Fee (non-refundable): US$5,000 After receipt of the request for arbitration, the ICC Court may request the claimant to pay a provisional advance in an amount intended to cover the costs of the arbitration until the case management conference. The costs of the arbitration shall include the fees and expenses of the arbitrators and the ICC administrative expenses fixed by the Court, in accordance with the scale in force at the time of the commencement of the arbitration, as well as the fees and expenses of any experts appointed by the arbitral tribunal and the reasonable legal and other costs incurred by the parties for the arbitration.