164 NEWSLETTER 2021 The Rules According to Article 1 of the Expedited Arbitration Rules, disputes under the expedited procedures shall be settled in accordance with the UNCITRAL Arbitration Rules as modified by the expedited rules. The Expedited Arbitration Rules only apply where the parties agree. This is enshrined in the new Article 1(5) of the UNCITRAL Arbitration Rules. Correspondingly, a model arbitration clause for contracts has also been drafted (which is included as an annex to the draft Expedited Arbitration Rules) and reads as follows: “Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the UNCITRAL Expedited Arbitration Rules.” There are other matters that the parties may wish to determine such as the appointing authority, the place of arbitration and the language of arbitration which they may include in their arbitration agreements. In addition, parties may wish to exclude the application of Article 16(3) of the Expedited Arbitration Rules, which deals with the time limit set for the proceedings, and is explained below. Unlike other institutions, the UNCITRAL has not stipulated a monetary threshold that would trigger the application of the Expedited Arbitration Rules. For example, according to Article 30 of the ICC Arbitration Rules and Appendix VI, expedited arbitration rules apply if the amount in dispute does not exceed US$2,000,000, in case the arbitration agreement was concluded on or after 1 March 2017 and before 1 January 2021 or US$3,000,000, if the arbitration agreement was concluded on or after 1 January 2021.4 The ExpeditedArbitration Rules may be amended according to the parties’ needs and requests, and thus are subject to any modifications as agreed by the parties. Unless otherwise agreed by the parties, the following articles in the UNCITRAL Arbitration Rules do not apply 4 https://iccwbo.org/dispute-resolution-services/arbitration/expedited-procedureprovisions/
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