The provisions on speedy resolution set out in clause 68 of AB18 provide the parties with a possibility of opting for faster and less costly dispute resolution at the Arbitration Tribunal. A dispute can be resolved quickly at all stages of a building or construction project so that the parties can continue the building process instead of having to wait for a typically lengthy arbitral case after the conclusion of the project.
A speedy resolution can be expected not later than two months after commencement of the case, provided procedures are applied as described.
Dispute negotiation
A speedy resolution procedure cannot be commenced until the dispute negotiation procedure set out in clause 64 of AB18 has been completed. In addition, there may be no pending arbitral case between the parties concerning the same dispute.
Adjudicators
The Arbitration Board appoints one or more adjudicators after consultation, who, as a general rule, have a technical background, but the parties may request a different profile. If the case warrants it, a legal adjudicator or a combination of both may be appointed.
The guidelines setting out who can act as an adjudicator at the Arbitration Board and who can be appointed in specific cases are by and large based upon those applying to technical arbitrators and experts.
The course of the case
The deadlines for the parties' submissions and the adjudicator's decision are relatively short and are only extended in exceptional cases. There can be no oral hearings or expert assessments in connection with a case for a fast decision. The adjudicator makes a decision based on written materials, possibly after a prior inspection.
A speedy resolution is binding
Like an arbitral award, decisions made in connection with speedy resolution in accordance with AB18 are binding on the parties to the case. A decision can be referred to arbitration within a time limit of eight weeks, and an arbitral tribunal will then make a final award in the dispute. If the decision is not referred to arbitration it will be considered to be final.
The standard agreements in this field are AB18, ABT18 and ABR18. In its 2018 Speedy resolution rules the Arbitration Board has laid down more detailed procedural provisions.
The cases are filed as O-cases at the Arbitration Board.
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