Chartered Institute of Arbitrators East Anglia
Branch
Summer Seminar 2012
Time Limited Arbitration
Christopher Dancaster DipICArb FRICS FCIArb
41 Rowsham Dell Giffard Park Milton Keynes MK14 5JS
christopher@dancaster.org
Christopher Dancaster June 1st 2012
Chartered Institute of Arbitrators East Anglia Branch
Summer Seminar 2012
Time Limited Arbitration
The SCA 100 day procedure - requirements
• Arbitrator makes award within 100 days from service of
defence (or defence to counterclaim)
• Outstanding pleadings within 7 days;
• All further documents within 14 days thereafter;
• Disclosure of documents within 7 days of request;
• Hearing not exceeding 10 working days, commence 28 days
later;
• Final submissions within 7 days
• Award within 30 days of the end of the oral hearing.
• Award on costs within 28 days
Christopher Dancaster June 1st 2012
Chartered Institute of Arbitrators East Anglia Branch
Summer Seminar 2012
Time Limited Arbitration
The Chartered Institute of Arbitrators Arbitration Rules 2000
– Claim within 28 days of arbitrator's appointment
– Defence within 28 days of the receipt of the Particulars of Claim
– Counterclaim shall be served with the Defence;
– Reply and defence to counterclaim (if any) within 28 days
– Reply to Defence to Counterclaim within 14 days
– Further pleadings by leave of the Arbitrator only;
– No time limit for hearing or Award, and
– All is subject to the Arbitrator’s directions otherwise
Christopher Dancaster June 1st 2012
Chartered Institute of Arbitrators East Anglia Branch
Summer Seminar 2012
Time Limited Arbitration
The Institution of Civil Engineers Arbitration Procedure Rule 14
– Statement of case within 2 working days of the appointment of the
arbitrator
– Defence within 14 days of receipt of claim
– No 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 files
– The 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 Branch
Summer Seminar 2012
Time Limited Arbitration
The Institution of Civil Engineers Arbitration Procedure Rule 15
– 2 working days for Arbitrator to orders a procedural timetable of no
longer than 100 days from service of the statement of claim
– Claim (if not already served) to be served as soon as possible
– Defence 21 working days thereafter (no provision for counterclaim)
– Reply 14 working days thereafter
– Hearing not exceeding 5 working days to commence not more than
28 days later. Or
– Final written submissions within 10 working days from the service
of the reply.
– Award on the substantive issues within 18 days
– Submissions on costs within 5 working days and award within 7
days thereafter.
Christopher Dancaster June 1st 2012
Chartered Institute of Arbitrators East Anglia Branch
Summer Seminar 2012
Time Limited Arbitration
The LMAA Terms
• Claim within 28 days after appointment of the arbitrator
• Defence and, if applicable, counterclaim submissions within 28 days.
• Reply within 14 days unless there is also a counterclaim, then reply and
defence within 28 days.
• Reply to defence to counterclaim within 14 days.
• Both parties complete the Questionnaire set out in the Third Schedule
to the LMAA Terms within 14 days
• Tribunal then establishes the future procedural course of the reference,
Christopher Dancaster June 1st 2012
Chartered Institute of Arbitrators East Anglia Branch
Summer Seminar 2012
Time Limited Arbitration
The LCIA Arbitration Rules
• Claim 30 days from appointment of Tribunal
• Defence and counterclaim (if any) within 30 days
• Reply and defence to counterclaim within 30 days
• Reply to counterclaim within 30 days
• Arbitral Tribunal then proceed “in such manner as has been agreed
in writing by the parties or pursuant to its authority under these
Rules”.
Christopher Dancaster June 1st 2012
Chartered Institute of Arbitrators East Anglia Branch
Summer Seminar 2012
Time Limited Arbitration
The International Chamber of Commerce Arbitration Rules
• The arbitral tribunal shall establish the procedural timetable that it
intends to follow for the conduct of the arbitration.
and
• The 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 Branch
Summer Seminar 2012
Time Limited Arbitration
Conclusions
• ICE rules and SCA procedure only ones with a virtually immovable
end date but neither of these has proved popular.
• Try a new twist. Awards need not be final and binding. 1996 Act
allows this.
• Arbitration may be more expensive but a there is a lower possibility
of mistakes by the tribunal, a safety valve if there are mistakes and
a fixed date for the Award if an immovable end date.
• Parties and adjudicators have got used to working to deadlines.
• Time to have another look at arbitration and not just for large and
complex disputes.
Christopher Dancaster June 1st 2012