Chartered Institute of Arbitrators East Anglia Branch ...

Chartered Institute of Arbitrators East Anglia BranchSummer Seminar 2012Time Limited Arbitration
Christopher Dancaster DipICArb FRICS FCIArb41 Rowsham Dell Giffard Park Milton Keynes MK14 [email protected]
Christopher Dancaster June 1st 2012
Chartered Institute of Arbitrators East Anglia BranchSummer Seminar 2012Time Limited Arbitration
TheSCA 100 day procedure- requirementsArbitrator makes award within100 days from service ofdefence(or defence to counterclaim)Outstanding pleadings within7 days;Allfurther documents within 14 days thereafter;Disclosureofdocuments within7 days ofrequest;Hearingnot exceeding 10 working days,commence 28dayslater;Finalsubmissions within7 daysAwardwithin 30 days of the end of the oral hearing.Awardon costs within28days
Christopher Dancaster June 1st 2012
Chartered Institute of Arbitrators East Anglia BranchSummer Seminar 2012Time Limited Arbitration
The Chartered Institute of Arbitrators ArbitrationRules 2000Claim within28 days ofarbitrator's appointmentDefencewithin28 days of the receipt of the Particulars of ClaimCounterclaimshall be served with the Defence;Reply and defence to counterclaim (if any) within28daysReplyto DefencetoCounterclaim within14daysFurtherpleadingsby leaveofthe Arbitrator only;No time limit for hearing or Award, andAll is subject to the Arbitrator’s directions otherwise
Christopher Dancaster June 1st 2012
Chartered Institute of Arbitrators East Anglia BranchSummer Seminar 2012Time Limited Arbitration
The Institution of Civil Engineers Arbitration Procedure Rule14Statementof case within 2 working days of the appointment of the arbitratorDefence within 14 days of receipt of claimNo counterclaim except by way of a separate reference.14 days during which the parties may comment on their opponent’s file and/or add to or deduct from their own file.Award within 14 days after closure of the filesThe Arbitrator may in his sole discretion extend this period of 14 days to visit the site, require further documents or information hold a meeting.Neither party shall be entitled to a formal hearing unless the Arbitrator gives leave.
Christopher Dancaster June 1st 2012
Chartered Institute of Arbitrators East Anglia BranchSummer Seminar 2012Time Limited Arbitration
The Institution of Civil Engineers Arbitration ProcedureRule 152working daysfor Arbitrator to ordersa procedural timetable of no longer than 100 days from service of the statement of claimClaim(if not already served) to be served as soon as possibleDefence 21working daysthereafter (no provisionfor counterclaim)Reply 14working daysthereafterHearingnot exceeding 5 working days to commence not more than 28 days later.OrFinalwritten submissions within 10 working days from the service of the reply.Award on the substantive issues within 18 daysSubmissions on costs within 5 working days and award within 7 days thereafter.
Christopher Dancaster June 1st 2012
Chartered Institute of Arbitrators East Anglia BranchSummer Seminar 2012Time Limited Arbitration
The LMAA TermsClaimwithin28 days after appointment of the arbitratorDefence and, if applicable, counterclaim submissionswithin28days.Reply within14 daysunlessthere is also a counterclaim,then reply and defence within 28 days.Replytodefenceto counterclaimwithin14days.Both partiescompletethe Questionnaire set out in the Third Scheduleto the LMAA Terms within14daysTribunal then establishesthe future procedural course of the reference,
Christopher Dancaster June 1st 2012
Chartered Institute of Arbitrators East Anglia BranchSummer Seminar 2012Time Limited Arbitration
The LCIA ArbitrationRulesClaim 30 days from appointment of TribunalDefence and counterclaim (if any) within 30 daysReply and defence to counterclaim within 30 daysReply to counterclaim within 30 daysArbitral Tribunal then proceed “in such manner as has been agreed in writing bythe partiesor pursuant to its authority under these Rules”.
Christopher Dancaster June 1st 2012
Chartered Institute of Arbitrators East Anglia BranchSummer Seminar 2012Time Limited Arbitration
TheInternational Chamber ofCommerceArbitration RulesThearbitral tribunal shall establish the procedural timetable that it intends to follow for the conduct of the arbitration.andThe arbitral tribunal shall proceed within as short a time as possible to establish the facts of the case by all appropriate means.
Christopher Dancaster June 1st 2012
Chartered Institute of Arbitrators East Anglia BranchSummer Seminar 2012Time Limited Arbitration
ConclusionsICE rules and SCA procedure only ones with a virtually immovable end date but neitherof these hasproved popular.Try anew twist. Awards need not be finalandbinding.1996Act allows this.Arbitration may be moreexpensive buta there is a lowerpossibility of mistakes by thetribunal, a safety valve if there are mistakes and afixed date for theAward if an immovable end date.Partiesand adjudicatorshave got used to working to deadlines.Timeto have another look at arbitration and not just forlargeand complexdisputes.
Christopher Dancaster June 1st 2012