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FAI ExpArb

FAI ExpArb  
FAI Expedited Arbitration Rules 2024

15.1 Where any party against which a claim has been made:
(a) fails to submit a response to any claim made against it; or
(b) raises any plea concerning the existence, validity or applicability of the arbitration agreement; or
(c) objects to the determination of all of the claims made in the arbitration together in a single arbitration,
the Board shall allow the arbitration to proceed if it is prima facie satisfied that an arbitration agreement under these Rules that binds the parties may exist.
15.2 In addition, where claims are made pursuant to Article 13 under more than one arbitration agreement, the Board shall allow the arbitration to proceed as to those claims concerning which the Board is prima facie satisfied that:
(a) the arbitration agreements under which those claims are made do not contain contradictory provisions; and
(b) all parties to the arbitration may have agreed that those claims can be determined together in a single arbitration.
(c) If the Board does not allow the arbitration to proceed regarding claims made under one or several of the arbitration agreements, the Board shall separate the claims made under the arbitration agreement or each of the arbitration agreements in question to be determined in a separate arbitration or arbitrations. The separated arbitration(s) shall be deemed to have commenced on the same date as the original arbitration from which the arbitration(s) is/are separated.
(d) If a party wishes to continue a separated arbitration, a party making claims in the separated arbitration shall pay the Filing Fee prescribed in Article 1 of Appendix II upon the separation of the arbitration(s). If a party fails to pay the Filing Fee upon the separation of the arbitration(s), the Institute shall direct the party to make the payment within the time limit set by the Institute. If the party fails to comply, the Board may dismiss the claims made by the party in the separated arbitration.
(e) The Institute may direct the parties to the original arbitration and/or any separated arbitration(s) to update their Request for Arbitration, Answer and/or any other statement(s) before the proceedings shall continue.
15.3 The Board’s decision to allow the arbitration to proceed shall not be binding on the sole arbitrator, who shall decide on its own jurisdiction.
Source: FAI
Imported: