FAI ExpArb FAI Expedited Arbitration Rules 2024
FAI ExpArb
FAI Expedited Arbitration Rules 2024
1. GENERAL PROVISIONS
1.1 The Arbitration Institute of the Finland Chamber of Commerce (the ”Institute”) is an autonomous arbitration body of the Finland Chamber of Commerce. Although part of the organisation of the Finland Chamber of Commerce, the Institute carries out its functions in complete independence from the Finland Chamber of Commerce and its organs.
1.2 The Institute does not itself resolve disputes. Instead, it administers the settlement of disputes in domestic and international arbitrations under the Arbitration Rules of the Finland Chamber of Commerce (the ”Arbitration Rules”) and the Rules for Expedited Arbitration of the Finland Chamber of Commerce (the ”Expedited Rules”). In addition, the Institute may be designated as appointing authority without subjecting the arbitration to the provisions of the Arbitration Rules or the Expedited Rules.
1.3 The Institute is composed of a board of directors (the ”Board”) and a secretariat (the ”Secretariat”). The Board may set up one or more committees and delegate to such committees the power to take certain decisions on behalf of the Board, provided that any such decision is reported to the Board.
2. THE BOARD
2.1 The Board shall consist of a Chair, a maximum of three Vice-Chairs and a maximum of twelve additional members (collectively referred to as ”Members”). The Board shall include both Finnish and non-Finnish nationals.
2.2 The Members shall be appointed by the Finland Chamber of Commerce. The term of office for the Members shall be three years and may be renewed once. In exceptional circumstances, upon the request of the Finland Chamber of Commerce, a member of the Board may be appointed for a third term. If a member of the Board is no longer in a position to exercise the member’s functions, the Finland Chamber of Commerce may appoint a substitute member.
2.3 The Board renders decisions as provided for under the Expedited Rules. The Board exercises its decision-making power in plenary sessions which are presided over by the Chair or, where the Chair is prevented, by one of the Vice- Chairs (the ”Chairperson”). If both the Chair and each of the Vice-Chairs are prevented, the other Members shall appoint one of themselves to serve as the Chairperson of the plenary session. Three Members form a quorum, and decisions are taken by a majority vote. Failing majority, the Chairperson holds the casting vote.
2.4 The Board may make decisions electronically and via remote connection.
2.5 The Board shall not appoint any of the Members as sole arbitrator in proceedings conducted under the Expedited Rules. The Members may, however, be proposed for such duties by the parties, subject to confirmation by the Institute. In special circumstances, a member of the Board may be appointed as Emergency Arbitrator pursuant to Article 37.5 and Appendix III of the Expedited Rules.
2.6 The Members involved in any capacity whatsoever in proceedings conducted under the Expedited Rules must inform the Secretariat upon becoming aware of such involvement. Such Members must refrain from participating in the discussions and in the decisions of the Board, or any of its committees, concerning the proceedings in question. Such Members must also be absent from the session whenever the proceedings are being considered either by the Board or by any of its committees. Such Members shall not receive any documentation or information pertaining to such proceedings.
3. THE SECRETARIAT
3.1 The Board is assisted in its work by the Secretariat, which is responsible for the administrative tasks relating to the arbitration proceedings conducted under the Expedited Rules. The Secretariat may also take decisions on matters delegated to it by the Board.
3.2 The Secretariat acts under the direction of a secretary general (the ”Secretary General”). The Secretary General shall be appointed by the Finland Chamber of Commerce.
3.3 The Secretary General or any other member of the Secretariat may not be appointed, or otherwise act, as arbitrator in proceedings conducted under the Expedited Rules.
3.4 All communications from the Board or any of its committees to the parties or the arbitrator concerning the administration of arbitration proceedings under the Expedited Rules shall take place exclusively through the Secretariat. All decisions of the Board and any of its committees shall be communicated by the Secretariat on behalf of the Board and its committees.
3.5 In each case submitted to arbitration under the Expedited Rules, the Secretariat shall retain in its archives all awards and orders for the termination of the arbitration made by the sole arbitrator, all decisions of the Institute and copies of the relevant correspondence with the Institute. Any such documents and correspondence may be destroyed after three years from the rendering of a final award or an order for the termination of the arbitration, unless a party or an arbitrator requests within the said time limit the return of such documents or correspondence. All related costs for the return of the documents or correspondence shall be paid by the requesting party or arbitrator.
4. OTHER PROVISIONS
4.1 The Chair or, where the Chair is prevented, one of the Vice-Chairs shall have the power to take urgent decisions on behalf of the Board, provided that any such decision is reported to the Board at its next session.
4.2 The work of the Board, any of its committees and the Secretariat is of a confidential nature. The Board decides who can attend the sessions of the Board and any of its committees and who are entitled to have access to materials related to the work of the Board, its committees and the Secretariat.
Import: