CIArb COST-CONTROLLED EXPEDITED

ARBITRATION RULES

May 2018
Chartered Institute of Arbitrators
12 Bloomsbury Square
London, United Kingdom
WC1A 2LP
T: +44 (0)20 7421 7444
E: info@[Link]
[Link]
Registered Charity: 803725

The Chartered Institute of Arbitrators is a learned society that works in the public
interest to promote and facilitate the use of Alternative Dispute Resolution (ADR)
mechanisms. Founded in 1915 and with a Royal Charter granted in 1979, it is a UK-
based membership charity that has gained international presence in more than 100
countries and has more than 14,000 professionally qualified members around the
world. While the Chartered Institute of Arbitrators has used its best efforts in
preparing this publication, it makes no representations or warranties with respect to
the accuracy or completeness of its content and specifically disclaims any implied
warranties of merchantability or fitness for a particular purpose.
All rights are reserved. No part of this publication may be reproduced, stored in a
retrieval system or transmitted in any form or by any means, electronic, mechanical,
photocopying, recording or otherwise, without the prior permission in writing of the
Chartered Institute of Arbitrators. Enquiries concerning the reproduction outside the
scope of these rules should be sent to the Chartered Institute of Arbitrators’
Department of Research & Academic Affairs.
 TABLE OF CONTENTS

Members of the drafting committees

Article 1 — Scope of application .......................................................... 1

Article 2 — Appointment and conduct of proceedings ......................... 2
Article 3 — Statement of claim; statement of defence ......................... 2
Article 4 — Cost caps ........................................................................... 3
Article 5 — Hearing.............................................................................. 3
Article 6 — The award ......................................................................... 4
 MEMBERS OF THE DRAFTING COMMITTEES

Practice and Standards Committee

Shawn Conway, Chair
Karen Akinci
Murray Armes
Bennar Aydoğdu
Jo Delaney
Ciaran Fahy
Larry Newman (Chair Arbitration Sub-Committee)
Tim Hardy (Chair Mediation Sub-Committee)
Richard Tan
Mohamed S Abdel Wahab
Jim Bridgeman (ex-officio)
Jane Gunn (ex-officio)
 Article 1 – Scope of Application

1.1 The provisions of the CIArb Arbitration Rules shall apply except
to the extent that the Cost-controlled Expedited Arbitration Rules
(CCEA Rules) provide otherwise.

By agreeing to arbitration under the CIArb Arbitration Rules, the parties

agree that the CCEA Rules shall apply if the arbitration agreement
was concluded after 1 July 2018 and:

a) the value of the claim does not exceed the equivalent of

£2,000,000.00 calculated on the date of the notice of arbitration,
served in accordance with Article 3 of the CIArb Arbitration Rules
(the Value of the Claim); or

b) the parties have agreed that they will apply the CCEA Rules
regardless of the amount in dispute.

1.2 In the event that the total value of the sums in dispute, being the
Value of the Claim and the value of any counterclaim or a claim for the
purpose of a set-off (‘the total amount in dispute’), exceed the equivalent of
£2,000,000.00 calculated on the date of the notice of arbitration, served in
accordance with Article 3 of the CIArb Arbitration Rules, the arbitrator
shall determine whether it is appropriate for the arbitration to proceed under
either the CCEA Rules or the CIArb Arbitration Rules excluding Appendix
III. Factors to consider when making such a determination include, but are
not limited to, considerations as to whether in the interest of the fair and
efficient resolution of the dispute it is more appropriate for it to be governed
by the CCEA Rules or the CIArb Arbitration Rules, bearing in mind, in
particular, the need to treat the parties fairly and to give each party a
reasonable opportunity to present its case.

1
1.3 The CCEA Rules shall not apply if the parties have expressly
agreed to opt out of the CCEA Rules.

Article 2 - Appointment and conduct of proceedings

2.1 The arbitration under these CCEA Rules shall be conducted by a

sole arbitrator.

2.2 Promptly after appointment and having consulted with the parties,
the arbitrator shall establish a timetable setting out the various steps to be
followed in the arbitration.

2.3 In all cases, the arbitrator and the parties shall act in the spirit of
the CCEA Rules and shall make every effort to expedite the process. The
arbitrators and the parties may use electronic means of communication for
the purposes of communication and service of documents.

Article 3 - Statements of claim; statement of defence (and counterclaim, if

any)

3.1 Within 28 days of the arbitrator’s appointment, the claimant shall

send a statement of claim in writing to the respondent and the arbitrator
with all documents, witness statements and expert reports relied on in
support of it.

3.2 Within 28 days of the receipt of the statement of claim, the

respondent shall send a statement of defence, including a counterclaim or a
claim for the purpose of a set-off, in writing to the claimant and the
arbitrator. The statement of defence, shall respond to the issues raised in the
statement of claim, and shall be served with all documents, written witness

2
statements and expert reports relied on in support of it.

3.3 Within 28 days of the receipt of the respondent’s statement of

defence, including counterclaim or a claim for the purpose of a set-off, the
claimant shall send a statement of reply in writing to the respondent and the
arbitrator. The statement of reply shall be served with all documents,
written witness statements and expert reports relied on in support of it.

Article 4 – Costs caps

4.1 The arbitrator’s fee shall be capped at 5% of the total amount in

dispute or such lesser sum as the arbitrator may determine, excluding any
VAT or other taxes where applicable.

4.2 In addition to the fee charged under Article 4.1, the arbitrator may
also recover reasonable expenses incurred in connection with the
arbitration.

4.3 The parties’ recoverable legal costs shall be capped at 15% of the
total amount in dispute or such lesser sum as the arbitrator may determine,
excluding any VAT or other taxes where applicable. A party may also
recover other costs incurred in relation to the arbitration to the extent that
the arbitrator determines that the amount of such costs is reasonable.

Article 5 - Hearing

5.1 The arbitration shall proceed on documents-only basis, unless the

applicable law requires a hearing or the arbitrator determines that a hearing
is appropriate. Where a hearing is to be held, the arbitrator, after consulting
with the parties, shall decide the place and date of the hearing. The hearing

3
shall not exceed one day unless the arbitrator determines otherwise.

5.2 In order to expedite matters at a hearing, the arbitrator may:

a) specify which witnesses and/or experts will be heard;

b) conduct the questioning of witnesses; and
c) require two or more witnesses and/or experts be examined
together.

Article 6 - The Award

6.1 The arbitrator shall make the final award including costs within
180 days from the date on which the arbitrator was appointed.

6.2 In exceptional circumstances, the arbitrator may extend the period

for making the final award including costs by a further 30 days. Should
additional time be required thereafter the President of the CIArb may grant
a further extension of time, upon a written and reasoned request addressed
to the President from the arbitrator or if otherwise deemed necessary. Any
written request for such an extension shall be submitted to the President no
later than 14 days prior to the expiration of the time limits prescribed by
Articles 6.1 and 6.2. Having regard to the expedited nature of the
proceeding the President may only grant a time extension pursuant to this
clause in exceptional circumstances and for no more than two months or for
an alternative period of time as the President shall, after consultation with
the arbitrator and the parties, deem appropriate.

6.3 In any event, if there is a challenge to the arbitrator, the period for
making the final award in article 6.1 shall be extended by the period of any
suspension of the proceedings due to the challenge.

4
 NOTE
The Practice and Standards Committee (PSC) keeps these rules under
constant review. Any comments and suggestions for updates and
improvements can be sent by email to psc@[Link]