Research On Expedited Procedure In International Commercial Arbitration

The problems of inefficiency and high cost of international commercial arbitration are becoming more and more prominent.Under this background,expedited procedure start to get applications.This paper focuses on the expedited procedure in international commercial arbitration,which is divided into four parts.The first part is an overview of the expedited procedure of international commercial arbitration,which clarifies the relevant concepts and characteristics of the expedited procedure by comparing the expedited procedure,the summary procedure,the small claim procedure,the emergency arbitrator stipulation and other similar procedures.vertically sort out the historical development of the rapid procedure,sort out the practical application of the rapid procedure,and make it clear that the value orientation of the rapid procedure is fast,low cost and effective.The second part is the procedural rules of the expedited procedure,which compares and sorts out the expedited procedural rules stipulated in the arbitration rules,including the applicable conditions of the expedited procedure,the composition of the expedited arbitration tribunal,the simplified trial procedure,the restriction on the rights of the parties,etc.,and analyzes the disputed issues one by one.For example,the influence of the wishes of the parties on the application of the expedited procedure,whether the parties can hold arbitration alone when they agree on the three-person arbitration tribunal,the limitation of the hearing,the handling of the rapid procedure and the change of the ordinary procedure,the necessity and rationality of restricting the rights of the parties,and so on.The third part is about the challenges faced by the expedited procedure in practice.through the analysis of relevant cases and theoretical analysis,this paper focuses on the practical problems such as the mandatory provisions of the fast procedure may violate the party autonomy,the simplification of the fast procedure may violate the procedural justice and so on.It also puts forward some practical suggestions,such as setting guidelines and rules,further communicating with both parties through case management meetings,focusing on the core part of the case,and giving more openness and flexibility to the rapid procedure.The fourth part summarizes the present situation of the expedited procedure of commercial arbitration in China and puts forward some suggestions for improvement,and compares the provisions of the main domestic arbitration rules on rapid arbitration.it also puts forward some suggestions on how to improve the arbitration rules of China’s expedited procedure,such as unifying the name as expedited procedure,expanding the scope of applicable conditions of expedited procedure,strengthening consultation with the parties and so on.Finally,it discusses whether the expedited procedure should be included in the Arbitration Law.It also puts forward some suggestions on the revision of the expedited procedure in the Arbitration Law.