Applicability of Summary Procedure in International Arbitration

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 amount may be different under different arbitration rules, for example, RMB 5,000,000 under CIETAC Arbitration Rules, RMB1,000,000 under SHIAC Arbitration Rules, RMB 3,000,000 under SCIA Arbitration Rules, RMB100,000 under SHIAC FTZ Arbitration Rules, etc. And even such a threshold is exceeded, summary procedure may also apply if the disputing parties so agree.
For disputing without a specific amount or without any amount, the arbitration commission will determine whether or not to apply the summary procedure, considering any and all the relevant factors, including but not limited to the complexity of the case, burden of the arbitrator(s), the interests of the parties involved, etc.
Upon receipt of a request for arbitration under the summary procedure, the arbitration commission will review the request and make a decision on whether to accept it. If it deems that the application of the summary procedure is inappropriate, it will notify the claimant to amend the request for arbitration. If it deems that the application of the summary procedure is appropriate, it will serve a notice of hearing on each of the claimant and the respondent in accordance with the provisions pertaining to notices. 

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…

ABOUT AUTHOR

China International Arbitration Lawyers, membered by international lawyers and arbitrators experienced in international arbitration and litigation practising in Shanghai, authors of tens of published works.
Email: elitelawyers@outlook.com
My blog: http://shanghailawfirm.net/