Article 52 Expedited Procedure

(1) Prior to the constitution of the arbitral tribunal, a party may apply to PDRCI in writing  for the arbitration to be conducted in accordance with this Article where:

  1. the amount in dispute representing the aggregate of any claim, counterclaim, or any other claim does not exceed Twenty-Five Million (Php25,000,000) Pesos; or
  2. the parties so agree; or
  3. in cases of exceptional urgency.

(2) When PDRCI, after consultation with the parties, grants an application for expedited procedure, the arbitration shall be conducted in accordance with the Rules but subject to the
following changes:

  1. the case shall be heard by a sole arbitrator, unless the arbitration agreement provides for three arbitrators;
  2. if the arbitration agreement provides for three arbitrators, PDRCI shall invite the parties to agree to a sole arbitrator. If the parties do not agree, the case shall be heard by three arbitrators;
  3. PDRCI may shorten the time limits provided in the Rules as well as any other time limits that it has set;
  4. the arbitral tribunal shall adopt a simplified procedure to expedite the arbitration, including shorter time limits for submission of evidence and documents;
  5. after the submission of the Response to the Notice of Arbitration, the parties shall in principle be entitled to submit one Statement of Claim and one Statement of Defense (and counterclaim, or any other claim);
  6. the arbitral tribunal shall decide the dispute on the basis of documents and materials only, unless it decides that it is appropriate to hold one or more oral hearings;
  7. the award shall be made within six months from the date PDRCI transmits the file to the arbitral tribunal. In exceptional circumstances, PDRCI may extend this time limit; and
  8. the arbitral tribunal may state in summary form the reasons upon which the award is based, unless the parties have agreed that no reasons are to be given.

Unless the parties agree otherwise, the expedited procedure provided in this Article shall not apply to any consolidated arbitrations under Article 10 (Consolidation of Arbitration) or to any arbitrations under Articles 7 (Joinder of Additional Parties), 8 (Claims between Multiple Parties) or 9 (Multiple Contracts).