Expedited (aka fast-track) arbitration

The following Arbitration practice note provides comprehensive and up to date legal information covering:

  • Expedited (aka fast-track) arbitration
  • Why choose expedited (aka fast-track) arbitration proceedings?
  • Fast-track arbitration and the Arbitration Act 1996
  • Institutional arbitration rules
  • ICC—expedited arbitration
  • LCIA Arbitration Rules—expedited formation and emergency arbitration
  • ICDR International Arbitration Rules—expedited procedures
  • SIAC Arbitration Rules—expedited arbitration
  • SCC Arbitration Rules—expedited arbitration
  • Tips for expedited arbitration

Expedited (aka fast-track) arbitration

This Practice Note considers the use of expedited (or fast-track) arbitration procedures in international arbitration.

For guidance on the related topic of the early dismissal of claims and defences in international arbitration, see Practice Note: Early dismissal, summary dismissal and strike out in arbitration proceedings.

Why choose expedited (aka fast-track) arbitration proceedings?

Parties looking to avoid a lengthy dispute resolution procedure and excessive expenditure may agree to a fast-track procedure; this reasoning may apply even for large, complex disputes. An expedited procedure usually involves agreeing shorter time periods in which submissions and evidence will be exchanged and limiting the amount of evidence submitted.

While it is possible to agree an expedited procedure as part of an arbitration agreement at the time of drafting, as the scope and circumstances of the dispute leading to arbitration cannot be known at that time this is not usually advisable (although there may be scope for agreeing to resolve certain categories of disputes by way of fast-track arbitration). In some cases, an expedited procedure may be mandatory. For example, the International Chamber of Commerce (ICC) expedited procedure automatically applies in certain circumstances—see Practice Note: ICC (2021)—expedited procedure.

The main advantage of an expedited arbitration is that a result is achieved quickly. This could be advantageous if the parties need to continue to work together (eg on a large construction project) or

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