NEWSLETTER-2021

165 ARBITRATION LAW to expedited arbitration: Article 3(4)(a) and (b), Article 6(2), Article 7, Article 8(1), the first sentence of Article 20(1), the first sentence of Article 21(1), Article 21(3), Article 22, and the second sentence of Article 27(2). In line with this, according to Article 2 of the Expedited Arbitration Rules, at any time during the proceedings the parties may agree that the Expedited Arbitration Rules shall no longer apply to the arbitration. This may also be the case where, in exceptional circumstances, the arbitral tribunal finds the case not to be fit for expedited proceedings and determines that the Expedited Arbitration Rules shall no longer apply. In either of these cases, the arbitral tribunal remains in place and conducts the arbitration in accordance with the UNCITRAL Arbitration Rules. The ExpeditedArbitration Rules expressly allow the utilization of any technological means as the arbitral tribunal considers appropriate to the conduct of the proceedings, including communication with the parties and holding consultations and hearings remotely. This provision is a reflection the digitalization of arbitration. In order to simplify the procedure, the Expedited Arbitration Rules provide that a notice of arbitration should also include: (a) a proposal for the designation of an appointing authority, unless the parties have previously agreed thereon; and (b) a proposal for the appointment of an arbitrator. When communicating its notice of arbitration to the respondent, the claimant shall also communicate its statement of claim. The notice of arbitration and the statement of claim shall be communicated to the arbitral tribunal as soon as it is constituted by the claimant. According to Article 5, the respondent is granted 15 days communicate to the claimant a response to the notice of arbitration, following the receipt of the notice of arbitration. The respondent’s response to the notice of arbitration should include its responses regarding the proposal for the designation of an appointing authority and the proposal for the appointment of an arbitrator. The default rule relating to the number of arbitrators is set in Article 7 of the Expedited Arbitration Rules, which states that there shall be one arbitrator, who shall be appointed jointly by the parties.

RkJQdWJsaXNoZXIy MjUzNjE=