Erosion of ‘Party Autonomy’ under the ‘Expedited Procedure’ Rule: An Institutional Arbitration perspective

by Soumyajit Saha*

‘Expedited Procedure’ Rules of SIAC, LCIA, ICC

In an attempt to reduce the time for adjudication of arbitral disputes, leading arbitral institutions like Singapore International Arbitration Centre (“SIAC”), ICC Court of International Arbitration (“ICC”) and London Court of International Arbitration (“LCIA”) have revised their respective rules and included the concept of ‘Expedited Procedure’ in their rules of procedure. Under the ‘Expedited Procedure’, arbitral institutions are given the liberty to reduce the time period in order to constitute the arbitral tribunal and a duty is cast upon the tribunal to render the award within six months mandatorily. Pursuant to Rule 5.1 of Singapore International Arbitration Centre Rules, 2016 (“SIAC Rules”), one of the parties may apply for the arbitral proceedings to be conducted in accordance with the ‘Expedited Procedure’. Similarly, Article 30 and Appendix VI of ICC Court of International Arbitration Rules (“ICC Rules”) deals with ‘Expedited Procedure’ rule. A close reading of Article 30 and Article II, Appendix VI of ICC Rules, Rule 5 of SIAC Rules and Article 9.3 of LCIA Arbitration Rules, 2014 indicates that scope of party autonomy has been given a limited view.

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Washing the Dirty Linen of the “Dallah” in Public? 

 By Shriya Maini*

Meccas-Grand-Mosque
The dispute arose out of a contract between Dallah Real Estate and Tourism Holding Company, a Saudi Arabian company and the Government of Pakistan to provide housing in Saudi Arabia for Pakistani pilgrims to Mecca.

Divergent decisions of the French[1] and English[2] courts on the Dallah case reiterate that the enforcement of arbitral awards under the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Award, 1958 (“NYC”) is not as straightforward in practice as it is in principle. In this essay, I elucidate the law laid down by the two incompatible judgments rendered by two different national courts in the Dallah case and conclude that the French Court’s approach was most satisfactory.Read More »