Australia: Expedited arbitration: Asia-Pacific Institutional Rules – Overview and comparative table guide

Expedited Arbitration is an arbitral mechanism that provides for fast and efficient resolution of certain arbitral disputes.

This article briefly examines the institutional rules of:

  • the Australian Centre for International Commercial Arbitration (ACICA);
  • the Hong Kong International Arbitration Centre (HKIAC);
  • the Singapore International Arbitration Centre (SIAC);
  • the Asian International Arbitration Centre (AIAC – formerly KLRCA);
  • the China International Economic and Trade Arbitration Commission (CIETAC); and
  • the International Chamber of Commerce (ICC).

We have also developed a comparative table of the Expedited Procedure provisions of the above institutions, which is available for download here.


  • Parties appear to have an appreciation of the benefits flowing from the use of Expedited Procedure, with statistics confirming that its use is on the rise.1 Certainly, it appears to be much better understood and utilised than Emergency Arbitration.
  • By adopting Expedited Procedure provisions, the deadline for the delivery of an award ranges from 3-6 months, depending on the institution. The HKIAC has recently reported that, on average, the mechanism can reduce the duration of an arbitration proceeding by 50%. 2
  • Parties should be aware that the default position under some institutional arbitral rules is that if the dollar value of a dispute is sufficiently low (ranging from US$1m-$6m), the Expedited Procedure may be engaged.
  • Notably, the United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules do not feature an Expedited Procedure.


There are a range of subtle differences that exist between the different institutional rules.

According to the 2017 ICC Rules of Arbitration, the Expedited Procedure will automatically apply to all arbitration agreements which were signed on, or after, 1 March 2017 if one of two criteria are satisfied,3 and irrespective of whether or not contrary terms are present in the arbitration agreement.4

The first of these criteria is where the amount in dispute is less than US$2m.5 The second is where, irrespective of the amount in dispute, the parties opt in.5 Clauses such as the latter further enhance the already significant level of party autonomy and control present in arbitration.

Instances where the mechanism is not applicable include:

  • arbitration agreements which were concluded before 1 March 2017, where the parties have agreed to opt out; or
  • where the ICC Court determines that Expedited Procedure is 'inappropriate in the circumstances'.7 It is noted that the ICC Court may, at any time, exercise its discretion to abandon the mechanism either of its own volition, or in response to a request from a party. 8

ACICA, HKIAC, and SIAC take a different approach to the engagement criteria in the ICC Rules. First, each have an amount in dispute threshold which is significantly higher than what the ICC has prescribed in its rules – ACICA (AUD$5m),9 HKIAC (HKD$25m),10 and SIAC (S$6m). Second, they all include a third route – where parties are able to demonstrate a case of 'exceptional urgency'. 11

Of all the institutions covered in this article, CIETAC has the most restrictive threshold (RMB$5m), and like the ICC Rules it does not include the criterion of 'exceptional urgency'. It is worth highlighting that CIETAC has adopted the term 'Summary Procedure' in place of the more commonly used term 'Expedited Procedure'. The AIAC refers to its Expedited Procedure provisions as 'Fast Track Arbitration Rules', and the only criteria is where parties have agreed to refer to arbitration, whether before or after the dispute. 12

As CIETAC and ICC have a more restrictive threshold, this naturally leads to the situation where less arbitrations automatically proceed via the Expedited Procedure route. SIAC changed its monetary threshold from SGD$5m to SGD$6m to allow more parties to make use of this mechanism. It will be interesting to see if the ICC or CIETAC follow suit in future revisions to their arbitration rules.

Interestingly, each institution has also situated Expedited Procedure provisions among its respective standard arbitration rules. Most institutions embed provisions within the main arbitration rules (as a standalone clause or via an appendix). ACICA and KLRCA both consider them as a separate set of rules. While ACICA has incorporated the rules into the same document, the AIAC's Fast Track Arbitration Rules are an entirely separate document (effective as of 9 March 2018). As AIAC also published a revised version of its standard arbitration rules on the same date, it remains surprising that the two sets were not amalgamated. This may end up being the new approach – something we may see when the HKIAC publishes its latest rules, likely towards the end of 2018.


Although international arbitration is generally regarded as a highly efficient method of dispute resolution, Expedited Arbitration imposes stricter deadlines on parties, institutions, and tribunals, further enhancing the speed at which disputes can be resolved.

Arbitral institutions promote Expedited Procedure as a solution to party complaints regarding delays and excessive costs. It is also beneficial to SMEs who often cannot justify the expenses associated with a standard arbitration.

As with Emergency Arbitration, the tribunal is faced with a two competing tensions – the urgency of delivering an award, and allowing a party sufficient time to present its case. Recently, institutions have tended to recognise that urgency is often more important to parties, and as a result have abbreviated certain time limits.13 Some of these include:

  • Number of arbitrators and appointment process – institutional rules have sought to address procedural inefficiencies associated with the arbitrator appointment process by referring the dispute to a sole arbitrator. The ICC,14 CIETAC,15 and HKIAC16 rules allow parties to deviate from the default provision via mutual agreement, while the SIAC Rules only allow the President of SIAC to determine otherwise.17 The ACICA Rules only allow for a sole arbitrator, which ACICA must appoint within 14 days from the commencement of the arbitration.18 In a standard arbitration, it may take well over 40 days for a sole arbitrator to be appointed, and perhaps longer where there is a panel of arbitrators.19 In contrast, CIETAC's Summary Procedure reverts back to the appointment process in the standard provisions, where parties may jointly nominate the arbitrator, or agree to allow the Chairman of CIETAC to do so. The rules suggest this must be finalised within 15 days.20 The AIAC Fast Track Arbitration Rules now allow the parties to choose the number of arbitrators, but if they fail to do so a sole arbitrator will preside over the case.21 The previous approach was to refer to a sole arbitrator as the default, but required parties to agree in writing within 7 days of the commencement of the arbitration. 22
  • The overall benefit (from an efficiency/speed perspective) of proceeding with a sole arbitrator in simple cases, cannot be overstated. As there are less parties to consult, hearings dates can be agreed to promptly and there is no need to consult with other tribunal members during the arbitration regarding procedural issues, nor is there a need to discuss, or draft, a joint award with other tribunal members. This ensures that the final award may be delivered promptly. However, a sole arbitrator may not be suitable where disputes are highly complex and require the expertise of a panel of three or more arbitrators.

  • Rendering of final award – by adopting Expedited Procedure provisions, the deadline for the award ranges from 3-6 months, depending on the institution. This is significant as awards from standard arbitrations have in some instances only been rendered after a few years. If parties adopt the ACICA rules (4-5 months), time begins to run from the date the Arbitrator was appointed. SIAC (6 months) adopts the approach where time beings to run from the date the Tribunal is constituted. This is an important consideration as the date of appointment may often be different to the date of the constitution of the tribunal, particularly where there is a panel of arbitrators. HKIAC Rules (6 months) provide that time begins to run from the date the file was transmitted to the arbitral tribunal. CIETAC (3 months) is the shortest of the three, where time begins to run from date the arbitral tribunal is formed. Interestingly, ICC (6 months) adopts a different approach and provides that time begins to run from the date of the case management conference.23 According to Article 24, the tribunal must convene this conference no later than 15 days from the date the file was transmitted to the tribunal.24

Expedited Procedure often allows for extensions of time limits, which assist where deadlines cannot realistically be met by parties or the arbitral tribunal, particularly in complex disputes.

This then raises the question: how is Expedited Procedure any different to a standard arbitration if such extensions are granted?


Expedited Procedure is being utilised at an entirely different rate across arbitral institutions:

  • SIAC's latest statistics report a total of 414 applications between 2010 and 2017.25 Of those applications, 236 were accepted (57%). In 2017 alone, SIAC received 107 requests, 55 were accepted (51%).
  • HKIAC's latest statistics report a total of 15 applications in 2016.26 Of those applications, 8 were granted (53%). The HKIAC has published a report on the costs and duration of arbitrations, confirming that the average27 cost28 of an expedited arbitration (US$35,056) was less than one third of a standard arbitration (US$117,045).29 It was also reported that the duration was exactly half that of a standard arbitration (8.1 months).30
  • The ICC amended its rules, effective 1 March 2017, to include provisions for Expedited Procedure.31 The ICC's latest statistics indicate that 50 requests to opt in were submitted and of these 10 resulted in an agreement, with three cases already concluded by the prescribed six-month time limit.


Expedited Arbitration may automatically apply to your dispute. If your dispute value is higher than the prescribed threshold, you may still be able to agree to proceed with this mechanism.

Expedited Procedure is most suited to parties primarily concerned with the duration and costs associated with resolving their disputes as expedited arbitration will, largely, relieve these concerns. However, parties seeking immediate interim relief should opt for emergency arbitration. Refer to our Emergency Arbitrator Provisions.

Ultimately, parties must be aware that these arbitral mechanisms, along with others such as Early Dismissal of Claims and Defences32and the proposed Early Determination Procedure33 serve an entirely different purpose. Expedited Procedure may not be suitable to your dispute. Parties must seek proper legal advice to accommodate the specific nature of each case.

The Corrs Chambers Westgarth International Arbitration team has prepared an Asia Pacific Guide on Expedited Procedure Provisions (2018–19), covering the following rules:

  1. ACICA (2016)
  2. HKIAC (2013)
  3. SIAC (2016)
  4. AIAC (2018)
  5. CIETAC (2015)
  6. ICC (2017)


1Though it is interesting that the 2015 International Arbitration Survey (Queen Mary and White & Case) did not report on Expedited Procedure. See

2 Mean quoted.

3 Article 30.2, 2017 ICC Rules of Arbitration.

4 Article 30.1, 2017 ICC Rules of Arbitration.

5 Article 30.2(a), 2017 ICC Rules of Arbitration.

6 Article 30.2(b), 2017 ICC Rules of Arbitration.

7 Article 30.3, 2017 ICC Rules of Arbitration.

8 Appendix VI, Article 1.4, 2017 ICC Rules of Arbitration.

9Article 7.1(a), 2016 ACICA Arbitration Rules.

10Article 41.1(a), 2013 HKIAC Administered Arbitration Rules.

11 Article 7.1(c), 2016 ACICA Arbitration Rules; Article 41.1, 2013 HKIAC Administered Arbitration Rules; Rule 5.1, 2016 SIAC Rules.

12 Rule 1(1), 2018 AIAC Fast Track Arbitration Rules.

13 Note Article 41.2(c) of the 2013 HKIAC Administered Arbitration Rules provides HKIAC with a broad discretion to shorten any time limits.

14 Article 2.1, Appendix VI, 2017 ICC Rules of Arbitration.

15 Article 58, Chapter IV, 2015 CIETAC Arbitration Rules.

16Article 41.2(a), 2013 HKIAC Administered Arbitration Rules.

17Rule 5.2(b), 2016 SIAC Rules.

18 Article 8.1, ACICA 2016 Expedited Arbitration Rules.

19 Article 11.1, ACICA 2016 Arbitration Rules.

20 Articles 58, 27, 28, 2015 CIETAC Arbitration Rules.

21 Rules 4(2),(3), 2018 AIAC Fast Track Arbitration Rules.

22 Article 4(1), 2013 KLRCA Fast Track Arbitration Rules.

23 Appendix VI, Article 4.1, 2017 ICC Rules of Arbitration.

24 Appendix VI, Article 3.3, 2017 ICC Rules of Arbitration.



27 Mean quoted.

28 These figures only take into account the arbitral tribunal's fee as well as HKIAC's registration fee and administrative fee.


30 Mean quoted.




The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Chambers Asia Pacific Awards 2016 Winner – Australia
Client Service Award
Employer of Choice for Gender Equality (WGEA)

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Similar Articles
Relevancy Powered by MondaqAI
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Practice Guides
by Mondaq Advice Centres
Relevancy Powered by MondaqAI
Related Topics
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
Up-coming Events Search
Font Size:
Mondaq on Twitter
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions