A Study On The Expedited Arbitration In International Commercial Arbitration

As a new rule of international commercial arbitration,the expedited arbitration aims to solve the waste of arbitration resources,speed up arbitration procedures and reduce the parties’ arbitration costs.This new rule can solve the shortcomings of traditional arbitration and reduce the time costs between the parties and the arbitral tribunal and has gradually been sought after by the parties,which has been a popular trend of the way to resolve disputes between parties.The first part of this thesis introduces the development of the expedited arbitration.Because of the litigation trend of the traditional arbitration,the expedited arbitration,with its advantages of speediness and efficiency,has gradually shown a booming development since its emergence in the early 1990s.The second part of this thesis starts from a comparative perspective,and focuses on the relevant content of the expedited arbitration in various international arbitration institutions.The major arbitration institutions all countain the scope of the rule,starting pattern,and related restrictions of procedure on expedited arbitration.The third part of this thesis discusses the main problems and obstacles encountered in the expedited arbitration,analyzes the problems of the expedited arbitration system in terms of party autonomy and the procedure,and points out that expedited arbitration has its own application limitations mainly include the conflict between the automatic application of expedited arbitration and the autonomy of the parties,the conflict between the mandatory application of the sole arbitrator rule and the autonomy of the parties,and the conflict between the efficiency of the expedited arbitration and the guarantee of the fairness of the parties.To resolve these conflicts and contradictions,efforts need to be made from below aspects.First,the parties need to have a complete and accurate understanding of autonomy,and make a clear agreement about the way and rule to resolve their disputes;second,the arbitration institution needs to ensure the substantive and procedural justice on the basis of guaranteeing the efficiency of the arbitration.The arbitration institution shall strengthen the pre-trial communication with the parties and reach an agreement on the relevant procedural matters of the dispute on the basis of fully respecting the parties’autonomy.At the same time,the arbitration institution shall put forward stricter requirements on the appointment of sole arbitrators to guarantee the fairness of the decisions.The fourth part of this thesis mainly discusses the relevant provisions of China’s expedited arbitration.At present,some domestic arbitration institutions have made regulations on expedited arbitration rules.But the regulations on the connection of systems such as the hearing means and the determination of the arbitral tribunal after the changes of the procedure are not clear.It is possible to consider introducing case management conference and at the same time we can improve the system of parties’right relief so as to promote the development of China’s expedited arbitration.