FAI ExpArb FAI Expedited Arbitration Rules 2024
FAI ExpArb
FAI Expedited Arbitration Rules 2024
11.1 Where a party to a pending arbitration under the Rules (the ”applicant”) wishes to join an additional party to the arbitration, it shall submit its request for arbitration against the additional party (the ”Request for Joinder”) to the Institute in accordance with Article 4.1.
11.2 The Request for Joinder shall be submitted to the Institute prior to the transmission of the case file to the sole arbitrator. Failure to comply with this time limit shall result in the dismissal of the Request for Joinder by the Institute, unless all parties to the arbitration, including the additional party, agree to the joinder.
11.3 The arbitration against the additional party shall be deemed to have commenced on the date on which the Request for Joinder is received by the Institute.
11.4 The Request for Joinder shall contain the following information:
(a) the case number of the existing arbitration;
(b) the names and contact details of each of the parties, including the additional party, and of their counsel or other representatives;
(c) identification of and, where possible, a copy of the arbitration agreement under which the dispute is to be settled;
(d) identification of any contract, other legal instrument or relationship out of or in relation to which the dispute against the additional party arises;
(e) a brief description of the nature and circumstances of the dispute giving rise to the claims against the additional party;
(f) where claims are made under more than one arbitration agreement, identification of the arbitration agreement under which each claim is made;
(g) a preliminary statement of the relief sought against the additional party, together with the amounts of any quantified claims and, to the extent possible, an estimate of the monetary value of any other claims; and
(h) proof of payment of the Filing Fee referred to in Article 11.7.
11.5 The Request for Joinder shall be submitted in the language required by Article 6.4.
11.6 Where the Request for Joinder fails to fulfill the requirements set forth in Articles 11.4 and 11.5, the Institute may direct the applicant to remedy the defect within the time limit set by the Institute. If the applicant fails to comply, the Board may dismiss the Request for Joinder.
11.7 Upon filing the Request for Joinder, the applicant shall pay the Filing Fee prescribed in Article 1 of Appendix II.
11.8 If the applicant fails to pay the Filing Fee upon filing the Request for Joinder, the Institute shall direct the applicant to make the payment within the time limit set by the Institute. If the applicant fails to comply, the Board may dismiss the Request for Joinder.
11.9 The Institute shall transmit the Request for Joinder and the attached documents to the additional party and to all other existing parties to the arbitration once the applicant has paid the required Filing Fee and provided any copies that may have been requested in accordance with Article 4.5.
11.10 Within 15 days of the receipt of the Request for Joinder, the additional party shall submit to the Institute an Answer to the Request for Joinder.
11.11 The Answer to the Request for Joinder shall contain the following information:
(a) the names and contact details of the additional party and of its counsel or other representative;
(b) to the extent possible, any plea that the sole arbitrator already appointed, or to be appointed under these Rules, lacks jurisdiction;
(c) the additional party’s comments on the applicant’s description of the nature and circumstances of the dispute giving rise to the claims against the additional party; and
(d) the additional party’s preliminary response to the relief sought by the applicant against the additional party.
11.12 In addition to the additional party, the Institute shall give the other existing parties to the arbitration an opportunity to submit comments on the Request for Joinder within the time limit set by the Institute.
11.13 If the additional party wishes to submit a Request for Joinder, it shall do so within a time limit to be set by the Institute.
11.14 The additional party may make claims against any other party in accordance with the provisions of Article 12.
11.15 The Institute shall transmit the Answer to the Request for Joinder and the attached documents to the applicant and all other parties to the arbitration. The Institute may give the applicant and the other parties an opportunity to submit comments on the Answer to the Request for Joinder within the time limit set by the Institute.
11.16 Any joinder shall be subject to the provisions of Articles 13 and 15. Before the Board decides whether to accept a Request for Joinder, it shall consult with any confirmed arbitrator.
11.17 Where the Board decides to accept the Request for Joinder, all parties will be deemed to have waived their right to nominate an arbitrator, and the Board may revoke the confirmation or appointment of the sole arbitrator and apply the provisions of Article 19 in the appointment of the sole arbitrator.
Source: FAI
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