418 THE ADVOCATE
VOL. 80 PART 3 MAY 2022
previously considered by the parties, the parties’ objections and preferences
with respect to arbitrators proposed by VanIAC, and any selection criteria
or qualifications agreed to by the parties.
Where parties have agreed that their dispute should be resolved by a tribunal
of three arbitrators, the New International Rules provide for each
party to appoint one arbitrator. The two party-appointed arbitrators then
appoint a third arbitrator to act as presiding arbitrator.
Early disposition procedures
Under the New International Rules, parties can seek leave to apply for early
disposition of one or more issues of fact or law at any stage in an arbitration.
All parties have an opportunity to present their positions about the suitability
of a proposed application for early disposition, and the arbitral tribunal
will have regard to whether the application will further the fair and expeditious
conduct of the proceedings when determining whether to grant leave.
Where leave is granted to bring an application for early disposition, the
arbitral tribunal will endeavour to issue the resultant order or award expeditiously
and must provide written reasons for any award.
Emergency arbitrator procedures for urgent and ex parte relief
The New International Rules provide mechanisms for parties to seek urgent
interim measures in arbitration rather than in court. Such measures can
include security for the amount in dispute, preservation or disposition of
property, or any relief that an arbitral tribunal would have power to grant
in an award.
In exceptional circumstances where prior disclosure of a request for an
interim measure risks frustrating the purpose of the measure, parties can
seek relief on an ex parte basis by applying for a preliminary order directing
a party not to frustrate the purpose of a requested interim measure. Once a
preliminary order is issued, the party against whom it is directed has a reasonable
opportunity to present its case before an interim measure can be
issued to adopt or modify the preliminary order.
Parties requiring urgent interim measures or ex parte preliminary orders
prior to the constitution of the arbitral tribunal can seek that relief concurrently
with or following delivery of a notice to arbitrate. Provided the application
requirements are met, VanIAC will appoint an emergency arbitrator
within two days to establish a procedure for determining the application.
Parties may agree to opt out of these emergency arbitrator procedures.
Expedited procedures for claims not exceeding $500,000
The New International Rules include expedited procedures for arbitrations
in which no party’s claim exceeds $500,000. These expedited procedures