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.
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.
After consultation the Arbitration Board appoints one or more adjudicators, who in principle should have a relevant technical background, but the parties may request a different profile. If justified by the nature of the case, a legal adjudicator may be appointed, or it may be a combination of the two.
The time limits given for the submissions of the parties and the adjudicator’s decision are relatively short and will only be extended by way of exception. No oral hearing and no expert appraisal may take place in connection with speedy resolution. The adjudicator’s decision is based on written material, possibly following a prior inspection.
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.