Study On Perfecting The Summary Procedure Of China’s International Commercial Arbitration

International commercial arbitration originally originated from the merchants’customary law established by merchants to settle disputes in long-term international commercial activities.With the advancement of science and technology and the continuous development of international economic and trade,arbitration is based on its confidentiality,flexibility,and awards transnational.The advantages of recognition and enforcement have gradually become an important means of resolving international commercial disputes.However,with the increasing number and complexity of international commercial activities,the arbitration process has added many of the same or similar rules to litigation,the arbitration process has become lengthy and complicated,the arbitration costs have become very high,and the advantages of arbitration’s fast and low-cost are weakening.In order to break the predicament of arbitration litigation and re-achieve its fast and low-cost goals,a series of special arbitration procedures have entered merchants’ field of vision,the summary procedure is one of them.In recent years,many international commercial arbitration institutions have added the summary procedure to their arbitration rules,and have imposed strict restrictions on the scope of application,trial methods,and time limits of arbitration in order to enable the arbitral tribunal to complete disputes within a short period of time.The trial of arbitration cases with a small amount and a simple case will improve the efficiency of arbitration and reduce the cost of arbitration.The China International Economic and Trade Arbitration Commission is the earliest and most important international commercial arbitration institution established in China,and it is also one of the world’s major permanent commercial arbitration institutions.It introduced summary procedure in its arbitration rules in 1994 and has been in use ever since.On April 26,2018,China’s International Economic and Trade Arbitration Commission held a special lecture on "Summary Arbitration Procedure" in Beijing.Experts at the meeting agreed that in the future development trend of international commercial arbitration,if we want to effectively play the role of summary procedure,we should continue to improving its program design to play its role,and China will also actively provide some experiences of perfecting summary procedure.The summary procedure of international commercial arbitration has an important status and strong development potential in the commercial dispute settlement mechanism,but there are still many shortcomings in the summary procedure of international commercial arbitration in China.Therefore,in order to adapt to the tide of international reform,enhance the competitiveness of China’s international commercial arbitration,improve the problems existing in the summary procedure and clear the obstacles have become important tasks.This article conducts research on the theme of improving the summary procedure for international commercial arbitration in China.It consists of four parts:The first part is an introduction to the overall content of the summary procedure of international commercial arbitration.The first is the analysis and induction of the summary procedure’s concept and characteristics.By analyzing the literal meaning and specific provisions of the summary procedure,comparing the provisions of other special arbitration procedures,clarifying the connotation and boundary of the summary procedure’s concept,and comparing with the ordinary arbitration procedure,refined the characteristics of the summary procedure.Followed by the discussion of the value goals of the summary procedure,analyzed the reasons and opportunities for the summary procedure,and clarified its function.By summarizing the concept,characteristics and value objectives of the summary procedure of international commercial arbitration,it provides a theoretical basis for the further elaboration of this article.The second part is the elaboration of the status quo of the summary procedure of international commercial arbitration in China,and summarizes the problems existing in the summary procedure.The first is an introduction to the specific requirements of the summary procedure,which includes the scope of application of the summary procedure,the trial method,and the time limit of the ruling,and analyzes its specific considerations at the time of the provision.The second is the analysis of the specific practices of the summary procedure,through 9 specific cases.The practice of summary procedure of international commercial arbitration in China is summarized in the end.The last part is the key part of this chapter,that is,through the foregoing analysis,the problems of the summary procedure in the specific provisions,implementation efficiency,and effectiveness of the award are extracted.The third part is an introduction to the summary procedure rules of the three foreign international commercial arbitration institutions of the International Chamber of Commerce Arbitration Court,Arbitration Institute of the Stockholm Chamber of Commerce,and the Singapore International Arbitration Center.By analyzing and drawing on its advanced experience,it will further improve the summary procedure of international commercial arbitration in China.The first is an introduction to the above-mentioned summary procedure of the three more advanced international commercial arbitration institutions,analyzing their differences from China’s regulations and analysing the reasons,and then extracting advanced experience that is worthy of learning and reference in China.The contents that can be used for reference in our country are elaborated in detail,including the improvement of China’s original procedural design and the introduction of a new system,and strive to make our country’s summary procedure for international commercial arbitration more complete and competitive.The fourth part is suggestions to improve the summary procedure of international commercial arbitration in China.Aiming at the specific problems that have been extracted,drawing on advanced foreign experience and combining with China’s actual conditions,put forward perfect suggestions,including three aspects.The first is to improve the specific rules of the summary procedure.This article puts forward two suggestions to expand the scope of the summary procedure and refine the operation method of the summary procedure.The second is to improve the efficiency of the summary procedure implementation,including the introduction of case procedure management meetings and strict setting.Content of the arbitration time limit standard and the details of its implementation.The last is to guarantee the effectiveness of summary procedure arbitration awards,including the suggestions on coordinating the conflict between the expansion of management authority and conflict autonomy,and the recognition and enforcement of awards.