Arbitration award in three months: When the new ICC expedited procedure is appropriate

When the three-month period begins

HEAP requires the consent of all parties; there is no limit on the value of the claim. The notice of arbitration must already contain the full statement of claim, including evidence where possible. The respondent generally has 30 days from receipt to submit their response and any counterclaims. An extension of this response period requires the consent of the parties.

A sole arbitrator decides the case. The first procedural conference, at which the schedule of proceedings is set, generally takes place within seven days of receipt of the file. Only then does the three-month period commence. The President of the ICC Court may extend it if necessary. The time up to this conference is added to this period.

Less scope for extensive taking of evidence

After hearing the parties, the arbitrator may exclude requests for the production of documents by the opposing party and limit the number, length and scope of written submissions, as well as written witness statements and expert reports. A decision based solely on the written record, without an oral hearing, is also possible.

This is helpful where contracts, shipping documents and correspondence already substantiate the facts of the case. However, if crucial documents are missing or technical issues need to be clarified by experts, the fast pace can become a disadvantage. Nor do costs automatically fall: companies must prepare their documents and litigation strategy at an early stage.

What types of disputes is HEAP suitable for?

HEAP is particularly suitable for clearly defined disputes that can be resolved on the basis of existing documents. One example is an international sales contract where the only point of dispute is the calculation of an agreed price adjustment and all the relevant data is available.

The parties may also agree to HEAP after a dispute has arisen. In such cases, they are aware of the scope of the dispute and the evidence available. Any party wishing to avoid relying on such subsequent agreement should expressly stipulate HEAP in the arbitration clause.

Caution is advised with complex supply chains

Caution is advised in the case of multi-tiered supply and logistics chains. Additional parties must not be included retrospectively, nor must separate proceedings be consolidated. Whilst multiple parties or contracts are not generally excluded, the tight timeframe is rarely suitable if responsibilities or technical causes first require time-consuming clarification.
If HEAP proves unsuitable, the parties may terminate the application of these provisions. The ICC Court may also, after a hearing, order the proceedings to continue under the standard or other expedited procedure. The sole arbitrator generally remains in office.

What should be included in the contractual clause

The standard ICC arbitration clause does not automatically trigger HEAP. An express agreement is required. This should specify which disputes are covered, as well as determining the place of arbitration, the language and the applicable law. If HEAP is to apply only to certain claims, the scope must be clearly defined. A clause referring to ‘simple disputes’ may itself give rise to a dispute over the procedure.

The established ICC Expedited Procedure (EPP), with its six-month time limit from the first procedural conference, offers greater flexibility in terms of time. For ICC arbitration agreements entered into on or after 1 June 2026, it generally applies automatically to claims up to four million US dollars, provided the parties have not excluded it and the ICC Court does not consider it inappropriate.

Key points in brief

• HEAP requires the express consent of all parties.
• The three-month time limit begins with the first procedural conference and may be extended.
• The availability of evidence and clearly defined points of dispute are crucial for suitability.