Conflict Resolution Centre, St. Kitts & Nevis

Expedited Arbitration Rules

In force from January 1, 2020

Introduction

These Rules are intended to provide a simple, efficient and cost-effective arbitration process that are ideally suited for less complex as well as time sensitive matters. They are designed to control the time and cost of the process. To achieve this objective the Rules restrict the length of the material that may be presented as well as the time to present evidence and argument while still allowing each party a fair and reasonable opportunity to present its case and to respond to the case presented by the other party. The arbitrator will be required to manage the proceedings to ensure strict adherence to these Rules.

Definitions:

“arbitral tribunal” means a sole arbitrator or panel of arbitrators appointed pursuant to the Rules and includes an emergency arbitrator.

“challenge committee” means the person or persons designated to hear and determine challenges against an arbitrator.

“days” means calendar days and includes weekends and public holidays.

“domestic arbitration” means any arbitration which is not an international arbitration.

“international arbitration” means arbitration where:

• the parties to an arbitration agreement, at the time of conclusion of that agreement, have their places of business in different States;
• one of the following places is situated outside the State in which the parties have their places of business:
  1. I. the seat of the arbitration if determined in, or pursuant to, the arbitration agreement;
  2. II. any place where a substantial part of the obligations of any commercial or business relationship is to be performed or the place with which the subject matter of the dispute is most closely connected; or
• the parties have expressly agreed that the subject matter of the arbitration agreement relates to more than one State.

“Party” means a party to the arbitration proceedings;

“Rule” or “Rules” shall refer to the numbered provisions set out herein starting at Rule 1 and continuing to Rule 22.

Rule 1. General Provisions

• Where parties have agreed that disputes between them in respect of a defined legal relationship, whether contractual or not, shall be referred to arbitration by the Arbitrator Conflict Resolution Centre, St. Kitts & Nevis (the “Centre”) under its Expedited Arbitration Rules (hereinafter the “Rules”) or words to similar effect, then such disputes shall be settled in accordance with these Rules subject to such modification as the parties may agree.
• Where the parties to an arbitration agreement have agreed to submit their disputes to arbitration under these Rules, unless otherwise agreed by the parties in writing, they shall be deemed to have submitted to the Rules in effect on the date of commencement of the arbitration proceedings.
• These Rules shall govern the arbitration except that where any of these Rules conflicts with a provision of the law applicable to the arbitration from which the parties cannot derogate, the provision of the law shall prevail.
• The arbitrator will have no discretion to change these Rules unless the parties unanimously agree to the change or the Rules specifically grant the arbitrator the discretion to make the change.
• The parties may agree on the seat of arbitration. Failing such agreement, for international arbitration, the seat of the arbitration shall Jamaica unless the arbitral tribunal determines, having regard to all the circumstances of the case, that another seat is more appropriate. For domestic arbitration the seat of the arbitration shall be St. Kitts.
• Unless otherwise agreed by the parties, the arbitral tribunal may meet at any location it deems appropriate for any purpose, including for hearings. The arbitrator may also allow for the presentation of evidence using video technology which will allow an arbitration to be conducted via computer when parties are located in different cities or countries. Where any hearing, meeting, or deliberation is held elsewhere than at the seat of the arbitration, the arbitration, including any such hearing, meeting or deliberation, shall be deemed to have taken place at the seat of the arbitration.
• Where these Rules require that communication be in writing, email and fax correspondence are acceptable unless otherwise stated.

Rule 2. Starting The Arbitration

Any party (the “Claimant”) may start an arbitration under these Rules by filing with the Centre a Request for Arbitration (“the Request”).
The Request shall be in writing and must contain or have attached the following:

• name, address, phone number, and e-mail address of both parties;
• a full description (maximum four pages) of the dispute;
• the relief sought;
• a copy of the agreement (or other document) that gives the Arbitrator Conflict Resolution Centre jurisdiction to decide the dispute pursuant to these Rules.

Rule 3. Notice of Arbitration

Upon receipt of the Request a Notice of Arbitration will be issued by the Centre and served on the other party, together with a copy of the Request and a list of potential arbitrators.

Rule 4. Response to the Notice of Arbitration

Within twenty-eight (28) days after the Notice of Arbitration has been served, the “Respondent” must deliver to both the Claimant and the Centre a Response to the Request. The Response must be in writing and must contain:

• confirmation of the accuracy (or corrections to) the names and contact information in the Notice of Arbitration and
• a full description (maximum 4 pages) of the dispute, if different from the description provided by the Claimant

Rule 5. Appointment of Arbitrator

• The arbitration will be conducted by a single arbitrator.
• The parties to the dispute may select the arbitrator by agreement and notify the Centre of their selection within 7 days after the the Response has been served on the Claimant or within 35 days after the Notice of Arbitration was served on the Respondent if there has been no Response.
• If the Centre has not been notified of any selection within the required period, the appointing authority will select the arbitrator from the list of potential arbitrators based on the description of the dispute in the Notice and the Response.

Rule 6. Fees and Deposit

• The fee for an arbitration under these Rules is a fixed fee of USD 6,000.00 per party for smaller claims and USD 7,500.00 per party for larger claims as detailed in our Fees Schedule. All fees are exclusive of taxes.
• The parties will be responsible to pay the additional cost (if any) of other related expenses including but not limited to the costs of hearing venue and the arbitrator’s travel expenses and hotel accommodation.
• The Claimant must pay a deposit of the amount of the fee (as set out above) when filing its Request for arbitration and the Respondent must pay a deposit of the amount of the fee (as set out above) when filing its Response.
• In the event that the Centre does not receive one or both deposits within seven days of the filing of a party’s Request for Arbitration or Response, the Centre shall so inform the parties and the arbitration may be suspended or terminated if the required deposit is not received within the next seven days following such notification. Either party may pay the deposit of the other party in order to have the arbitration proceed.

Rule 7. Preliminary Meeting

• Once appointed, the arbitrator will convene a preliminary meeting (the “Preliminary Meeting”) with the parties and their attorneys in order to determine the timetable and procedure for the arbitration. The Preliminary Meeting will generally be by conference call and will be held within seven days of the appointment of the arbitrator. If the parties cannot agree on a mutually convenient time for the meeting, the arbitrator may set the time and advise the parties. Any party not participating in or attending the Preliminary Meeting will be deemed to accept the timetable and procedure set out in the Procedural Order produced by the arbitrator after the Preliminary Meeting.
• Issues to be discussed at the Preliminary Meeting may include:
  1. procedure to be followed (including whether there will be an oral hearing or whether the arbitration will be on the basis of documents only;
  2. whether there will be a mediation before the arbitration;
  3. date of the oral hearing, if applicable; and
  4. clarification of the issues the arbitrator is asked to decide
• Within seven days of the Preliminary Meeting, the arbitrator will send to the parties a Procedural Order setting out the process for the arbitration and issues to be determined, as agreed at the Preliminary Meeting.

Rule 8. Documents Only Arbitration

In the event that the parties elect to have a Documents Only arbitration, the procedure will be as follows:

• Within 21 days after the Procedural Order has been issued, the Claimant will provide a brief to both the arbitrator and the other party containing the following:
  1. a written memorandum (maximum 20 pages in length) setting out the Claimant’s position on the issues set out in the Procedural Order;
  2. any documentary evidence the Claimant considers relevant or wishes to rely on (maximum 120 pages);
  3. a maximum of five cases that the Claimant wishes to rely on; and
  4. if desired, affidavits of the evidence of a maximum of two witnesses, with a combined maximum length of 30 pages
• Within 21 days of the receipt of the Claimant’s memorandum, the Respondent will provide a brief to both the arbitrator and the other party containing the following:
  1. a written memorandum (maximum 20 pages in length) in reply setting out the Respondent’s position on the issues set out in the Procedural Order;
  2. any documentary evidence that the Respondent wishes to rely on (maximum 120 pages);
  3. a maximum of five cases that the Respondent wishes to rely on; and
  4. if desired, affidavits of the evidence of a maximum of two witnesses, with a combined maximum length of 30 pages.
• Within seven days of the receipt of the Respondent’s memorandum, the Claimant may submit to both the arbitrator and the other party a rebuttal statement. The maximum length of the rebuttal statement is five pages. No further documents or cases may be submitted.

Rule 9. Process With Oral Hearing

If the parties do not agree to have a Documents Only arbitration, the process will be as follows:

• The oral hearing will be held within two months of the Preliminary Meeting.
• At least forty-two days before the date scheduled for the oral hearing, the Claimant will provide a brief to both the arbitrator and the other party containing the following:
  1. a written memorandum (maximum 20 pages in length) setting out the Claimant’s position on the issues set out in the Procedural Order;
  2. any documentary evidence (maximum 120 pages) the Claimant considers relevant or wishes to rely on;
  3. a maximum of five cases that the Claimant wishes to rely on; and
  4. statements of the evidence in chief of a maximum of two witnesses, with a combined maximum length of 30 pages.
• At least thirty days before the date scheduled for the oral hearing, the Respondent will provide a brief to the arbitrator and to the other party containing the following:
  1. a written memorandum (maximum 20 pages in length) setting out the Respondent’s position on the issues set out in the Procedural Order;
  2. any documentary evidence (maximum 120 pages) the Respondent considers relevant or intends to rely on;
  3. a maximum of five cases that the Respondent wishes to rely on; and
  4. statements of the evidence in chief of a maximum of two witnesses (combined maximum length of 30 pages)
• At least fifteen days before the scheduled date for the oral hearing, the Claimant may submit a written reply of no more than five pages. No further documents or cases may be submitted.
• The arbitration hearing shall last no more than one day.
• Each party will have a maximum of 45 minutes to present its opening argument and to summarize the evidence of its witnesses.
• Each party shall have a maximum of one hour to cross-examine the other party’s witnesses.
• Each party shall have a maximum of one hour for closing argument. The Claimant will be allowed a maximum of 10 minutes for reply.

Rule 10. Rules of Evidence

All information is admissible at the hearing and need not be proven in accordance with the strict Rules of evidence. The arbitrator will decide how much weight to attach to any information.

Rule 11. Failure to Comply with Rules

Where a party fails to comply with these Rules, or any order of the arbitrator pursuant to these Rules, in a manner deemed material by the arbitrator, the arbitrator may fix a reasonable period of time for compliance and, if the party does not comply within the said period, the arbitrator may impose a remedy he or she deems appropriate, including an award on default. Prior to entering an award on default, the arbitrator shall require the non-defaulting party to produce evidence and legal argument in support of its case. The arbitrator may receive, consider and act on the evidence and argument so produced, without the defaulting party’s presence or participation.

Rule 12. Challenges to Jurisdiction of the Arbitrator

The arbitrator shall have the power to hear and determine challenges to his or her jurisdiction, including any objections with respect to the existence, scope or validity of the arbitration agreement. Such a challenge must be made at the hearing and will not extend the time limits set out in these Rules.

Rule 13. Interest

The arbitrator may order simple interest to be paid, if applicable, and the date from which interest runs.

Rule 14. Costs

The arbitrator may determine liability for the costs of the arbitration and may apportion costs between the parties or to one of the parties.

Rule 15. Timing of Decision and Reasons

• The arbitrator will publish the award within 21 days after the conclusion of the hearing or for Documents Only arbitration, within 21 days after the time limited for submission of the Claimants Rebuttal.
• The arbitrator does not lose jurisdiction by a failure to complete and release the award in the time specified.
• The award will not be released unless and until all sums due and payable in respect of the arbitration have been paid in full.

Rule 16. The Award

• The arbitrator’s award shall not be released to the parties until all outstanding charges for fees relating to the arbitration have been paid.
• The award of the arbitrator is binding upon the parties and they shall comply in good faith with the decision.

Rule 17. Amendments and Corrections to the Award

• On the application of a party or on the arbitrator’s own initiative, an arbitrator may amend an award to correct a clerical or typographical error, an accidental error, slip, omission or similar mistake, or an arithmetical error made in a computation.
• An application by a party under Rule 17 (a) must be made within seven days after the Award has been published.

Rule 18. Cancellation or Adjournment

• If the matter is cancelled or withdrawn at any time before the Preliminary Meeting, an administrative fee of $1250, will be deducted from the total deposits paid and there will be no other fees charged.
• If the matter is cancelled after the Preliminary Meeting but before the time limited for filing the Claimant’s Rebuttal, 50% of the arbitration fee will be refunded. There will be no refund if the matter is cancelled or withdrawn after all submissions have been filed.

Rule 19. Finality of Award

An arbitration award under these Rules is final and binding on the parties and is not subject to an appeal or review on any grounds, except where the law at seat of the arbitration requires a right of appeal to be maintained.

Rule 20. Privacy and Confidentiality of Arbitration

• The arbitration shall be private and confidential. Persons other than parties and their representatives may only attend an oral hearing with the consent of both of the parties.
• The parties agree that they will not seek to compel the arbitrator, nor any member of the Arbitrator Conflict Resolution Centre’s staff to appear as a witness or expert in any pending or future legal or judicial or other adversarial proceedings involving any one or more of the parties and relating in any way to the subject matter of the arbitration.

Rule 21. Immunity

Neither the arbitrator nor any of the Arbitrator Conflict Resolution Centre’s staff will be liable to any party, lawyer or witness, or officer, director or employee of any party for any act or omission in connection with an arbitration. The parties jointly and severally indemnify and hold harmless the Arbitrator Conflict Resolution Centre, its staff and the arbitrators in respect of such claims.

Rule 22. Amendment to Rules

These Rules may be amended by the Arbitrator Conflict Resolution Centre at any time. Amendments become effective when they are posted to the Arbitrator Conflict Resolution Centre’s website but the Rules in effect when an arbitration is filed will be the Rules that govern that arbitration unless the parties expressly agree otherwise in writing.

These rules are effective as of January 1, 2020 and are subject to change without notice.