Applicability of Summary Procedure in International Arbitration

Apr 19, 2023

Summary procedure, also called expedited procedure, small claims procedure, etc., is not restricted in the Arbitration Law or its Interpretations, but is contained in the arbitration rules. It is a procedure for small claims, is a type of arbitration procedure applicable to disputes of limited amounts. Such a limited am…
     

Notice of Hearing in Summary Procedure in International Arbitration

May 07, 2023

Notice of Hearing in SummaryProcedure in International ArbitrationSometimes, adifferent time period for the service of notice of hearing is specified underthe arbitration rules in the case of summary procedure. For example, 7 daysunder the arbitration rules of SHIAC and SCIA, 10 days under the SHIAC FTZArbitration Rules…
     

International Arbitration: Mutatis Mutandis Application in Summary Procedure

May 11, 2023

InternationalArbitration: Mutatis Mutandis Application in Summary ProcedureIn arbitration, summary or expeditedprocedure is a simplified version of the general procedure. It is generallyapplicable to small claim cases or if agreed upon by the disputing parties. In summary procedure, a sole arbitratorwill be selected by …
     

Time Period for Rendering an Award in Summary Procedure in International Arbitration

May 10, 2023

Time Period for Rendering an Award in SummaryProcedure in International ArbitrationThe time period for rendering an awardin the summary procedure is shorter than, generally no more than half of, thatin the case of general procedure, for example, 3 months under the arbitrationrules of CIETAC and SHIAC, 45 days under SHIA…
     

Hearing in Summary Procedure in International Arbitration

May 10, 2023

Hearing in SummaryProcedure in International ArbitrationDiscretionThe sole arbitrator may examine anddecide the case in any manner it deems appropriate, either by holding a hearingwith or without seeking opinions from the disputing parties, or solely based onthe documents and other evidence submitted by the disputing pa…
     

Answer and Counterclaim in Summary Procedure in International Arbitration

May 09, 2023

Answer andCounterclaim in Summary Procedure in InternationalArbitrationUpon receipt of a notice ofarbitration and other documents, the respondent shall submit an answer and astatement of counterclaim, if any, accompanied by the necessary documents andother evidence, within the time period specified under the arbitration…
     

Arbitral Tribunal in Summary Procedure in International Arbitration In the case of summary/expedited

May 08, 2023

Arbitral Tribunal in SummaryProcedure in International ArbitrationIn the case of summary/expeditedprocedure, the case will be heard and decided by a sole arbitrator. Theprovisions and rules pertaining to the selection and appointment of a solearbitrator shall also apply to the summary/expedited procedure.
     
Practising lawyers

Robert Zhang

An international arbitration lawyer registered in Shanghai, China. Master's degr…

Steve Li

An international arbitration lawyer registered in Shanghai, China. Master's degr…
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