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Rapid Procedure Research In International Commercial Arbitration

Posted on:2019-06-26Degree:MasterType:Thesis
Country:ChinaCandidate:H H ZhouFull Text:PDF
GTID:2356330566458033Subject:International Law
Abstract/Summary:PDF Full Text Request
Traditional international arbitration is widely welcomed for its high efficiency,flexibility and low cost.However,arbitration is losing its reputation as the quick and informal alternative to court proceedings.The cases are protracted and costly,and the arbitration faces severe challenges.In order to solve these problems,the leading arbitral institutions introduced expedited procedure,which usually refer the case to a sole arbitrator,has shorter time period and low cost.And the expedited procedure rules adopt to the disputes involving a value below a certain amount or the parties agree.And during the procedure,the tribunal can decide if the dispute is to be decided on the basis of documentary evidence only,or if a hearing is required for the examination of any witness and expert witness as well as for any oral argument.The final Award shall be made within a shorter period and the form is simplified.The expedited procedure rules of the institutions are slight difference.The article introduced the expedited procedure rules of the ICC,SCC,SIAC and HKIAC and compare the difference between them.There are two cases about the expedited procedure,through which we analysis the issues that the relationship between the institution and the parties,the institution rules and party autonomy,the simper procedure and the due process,and the enforcement of the verdict.Finally,it briefly introduces the differences between the expedited procedure of the above institutions and that of China mainland arbitration institutions.
Keywords/Search Tags:International Commercial Arbitration, Expedited Procedure, Arbitration Rules, Party Autonomy
PDF Full Text Request
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