Research On Expedited Arbitration Procedure Of International Commercial Arbitration

The sharp increase in the number of cases in the international commercial field and the judicialization of arbitration continue to erode the cost and efficiency advantages of arbitration,leading parties and lawyers to complain about long-term delays and high costs in international commercial arbitration.In order to improve the speed and cost-effectiveness of arbitration,international commercial arbitration institutions have formulated expedited arbitration procedures,and have improved expedited arbitration rules in continuous revision and innovation.Expedited arbitration is an important tool to counter the negative impact of arbitration judicialization,to prevent international commercial arbitration from becoming as expensive and lengthy as court proceedings,without weakening the autonomy of the parties involved in arbitration.At present,almost all international and domestic mainstream arbitration institutions have introduced expedited arbitration to improve the efficiency of arbitration and meet the requirements of the parties for arbitration speed and low cost.However,the expedited arbitration rules of international and domestic mainstream arbitration institutions are different,showing a trend of assimilation and personalization on the whole.In order to better explore the development and improvement of expedited arbitration procedure in China,this paper first analyzes the key issues and solutions of expedited arbitration procedures in the development of arbitration practice,and discusses how expedited arbitration procedures can maintain arbitration quality,due process and fairness in practice while improving efficiency.Secondly,the literature analysis method,comparative research method and other research methods are used to further clarify the commonality and differences of the elements of expedited arbitration rules in international mainstream arbitration institutions,and conduct in-depth research on the arbitration theory,evolution path,application method and practical results behind the expedited arbitration system.Therefore,it is very necessary for this study to use the method of comparative analysis to explore the legal improvement path of expedited arbitration procedures in international commercial arbitration from the perspective of arbitration efficiency and quality.This is not only conducive to the micro-design and development of China’s expedited arbitration system,but also of great practical significance to the revision of the Arbitration Law.This paper is divided into four chapters for discussion.The first chapter mainly discusses the concept and legal characteristics of the expedited arbitration procedure of international commercial arbitration,further clarifies the relationship between the expedited arbitration procedure,institutional arbitration and ad hoc arbitration,and summarizes the origin and evolution of the expedited arbitration procedure.The purpose of this chapter is to lay a foundation for the following further discussion on the practical problems and solving ideas of the expedited arbitration procedure.The second chapter starts from the perspective of arbitration efficiency and arbitration award enforcement,using the method of combining theoretical analysis with practical cases to sort out the balance of arbitration efficiency,fairness,due process and party autonomy in the expedited arbitration procedure in practice.The third chapter mainly focuses on the review of the rules of the expedited arbitration procedure of international commercial arbitration,and makes a comparative analysis and interpretation of the element types of the expedited arbitration rules of the international and domestic mainstream arbitration institutions and the United Nations Commission on International Trade Law(UNCITRAL),and sort out the similarities and differences of the elements of the expedited arbitration system,find out the foreign experience that can be used for reference to improve China’s expedited arbitration procedure.The fourth chapter starts from the predicament of China’s expedited arbitration procedure,combined with the previous research basis,obtains the specific measures to improve China’s expedited arbitration procedure,including defining the cases applicable to the expedited arbitration procedure and the arbitration institutions to formulate perfect expedited arbitration rules,and finally provides practical rule design and revision suggestions for the introduction of expedited arbitration into China’s Arbitration Law.