| In recent years,with the development of party autonomy,the parties have made more detailed special agreement on arbitration procedure,which may possibly cause conflicts with expedited arbitration procedure.Expedited procedure is an innovation made by arbitration institutions to ensure the efficiency and advantage of arbitration proceedings.Compared with ordinary procedures,expedited procedure has distinct mandatory and administrative features,and in essence is the exercise of administrative power by arbitration institutions.Therefore,there exists a conflict between the party autonomy and the arbitration institution’s administrative right over the arbitral procedure.This conflict directly affects the recognition and enforcement of arbitral award.In view of this conflict,this article aims to examine through the introduction and conclusion of the following four parts.The first part is the presentation of the conflict.Based on two key cases in practice,the paper puts forward the key issue directly and focuses on the essential issue behind the rapid arbitration rule,that is,the relationship between the management of the institution and the party autonomy.From the perspective of expedited procedure,such conflicts are mainly manifested in the application of expedited procedure and the composition of the arbitral tribunal.The second part clarifies the controversy of the conflict in theory.With the rapid rise of arbitration rules,how to coordinate the conflict between the party autonomy and the administrative power of the arbitration institution is an issue that must be clarified.There are two approaches to value this issue in the academic community,some scholars emphasize the party autonomy,others express the approval of institutional management.The third part focuses on the responses of international commercial arbitration institutions when conflicts arise.In response to the two manifestations of conflict,arbitration institutions have formed several ways of formulating rules.Arbitration institutions that respect the autonomy of the parties more choose to leave the promotion of expedited procedure in individual cases to the parties.Although the mode of automatic application is adopted,the parties have the right to exclude;arbitration institutions that highlight institutional management rights have made other decisions.In the composition of the arbitral tribunal,all arbitration institutions have adopted the form of a sole arbitrator to reduce arbitration costs and improve arbitration efficiency.The fourth part is to discuss the current situation of China.Pay attention to the current situation of current laws and arbitration rules,and analyze the expedited procedure.Some suggestions are put forward for arbitration institutions,when formulating arbitration rules,follow the principle of party autonomy,satisfy the value choices of the parties,and launch flexible and diversified arbitration rules with clear guidance clauses formulated so that the parties can accurately predict the direction of arbitration proceedings when selecting arbitration rules.Meanwhile,the parties shall also have an appropriate understanding of arbitration rules and arbitration institutions,pay attention to the arbitration institutions in drafting the arbitration agreement,and properly exercise rights. |
