SECTION I. GENERAL PROVISIONS
Scope of application
1. Disputes shall be settled in accordance with this Rules, subject to the modifications that the parties may adopt, when they have agreed that disputes relating to a contractual or non-contractual relationship:
2. In the case of difference on the amount in dispute, the General Secretariat will determine whether the Rules for Express Arbitration or the Arbitration Rules of ICAM are applicable.
General Secretariat Powers
1. The General Secretariat shall have the powers that the Rules for Arbitration and By-laws of ICAM confer.
2. When the General Secretariat deems necessary it may consult with ICAM.
Referral to Arbitration Rules
All that is not provided for within these Expedited Rules of Arbitration, shall be governed by Rules of Arbitration.
Notice of Arbitration
The notice of arbitration shall be conducted in the manner published by ICAM for such purposes, which will contain the following:
Representation and assistance
The parties may represent themselves or be represented by an attorney or any other person of their trust.
COMPOSITION OF THE ARBITRAL TRIBUNAL
The arbitral tribunal shall be comprised by a sole arbitrator.
Appointment of the sole arbitrator
1. Unless otherwise agreed by the parties, the sole arbitrator shall be appointed by the General Secretariat.
2. The General Secretariat shall appoint the sole arbitrator as soon as possible. In making the appointment the General Secretariat shall proceed according to the system established hereunder, unless both parties agree that the list system is not used or that the General Secretariat by itself discretionally decides that the use of the list procedure is not appropriate for the case:
Any of the parties may initiate the challenge of an arbitrator within the next three days of notification of the appointment of such arbitrator or within the period of three days of becoming aware of the circumstances described in Article 12 of the Rules of Arbitration.
SECTION III. ARBITRATION PROCEDURE
Ruling on documents
Unless otherwise agreed by the parties, or if the arbitrator determines otherwise taking into account the particular circumstances of the case after hearing the parties, the procedure shall be conducted based on the documents provided.
Statement of Claim
1. The statement of claim must be accompanied by:
2. The statement of claim must contain the following:
Statement of Defense and Counterclaim
1. Within a period of ten calendar days, the Respondent shall communicate in writing its statement of defense and if applicable the counterclaim to the General Secretariat and the Claimant, to which the Claimant must reply within a period of ten days.
2. The statement of defense and counterclaim if any, shall comply with the same requirements for the statement of claim described in Article 10.
1. Upon receipt of the documents referred to above, the arbitrator shall determine whether the parties may submit additional written submissions and shall call a hearing, fixing the date, time and place for it.
2. The hearing shall be held within the shortest time possible considering the circumstances of the case.
3. At the hearing, the arbitrator will hear the parties. No evidence other than documents shall be received, except that after hearing the parties and in special circumstances the arbitrator considers their admission to be justified. However, the parties may submit written testimony and expert opinions.
4. The parties may agree that the hearing not take place and that the arbitrator rules with the briefs and documents submitted by the parties.
5. When appropriate, the arbitrator may invite the parties to waive the hearing.
SECTION IV. AWARD
1. The arbitrator shall render the award in writing and shall deliver it to the General Secretariat for its notification.
2. Unless otherwise agreed, the award will not be reasoned.
3. The award will distinguish the main resolution, from the interest and costs.
Annex to the Expedited Rules of Arbitration
Model arbitration clause for contracts:
Any dispute, controversy or claim arising out of this agreement or relating to this contract, or the breach, termination or invalidity thereof, shall be settled by arbitration by a sole arbitrator under CIAM’s Expedited Rules of Arbitration of the National Chamber of Commerce, Services and Tourism for Tijuana, Baja California.
Note. The parties should consider adding:
a) The place of arbitration shall be ... (city and country);
b) The language to be used in the arbitral proceedings shall be ....
c) The applicable law shall be ... ..
Sole Transitory. The provisions of these Rules shall enter into force the day following its adoption by the Assembly of the National