International Arbitration: Mutatis Mutandis Application in Summary Procedure

International Arbitration: Mutatis Mutandis Application in Summary Procedure

In arbitration, summary or expedited procedure is a simplified version of the general procedure. It is generally applicable to small claim cases or if agreed upon by the disputing parties.

In summary procedure, a sole arbitrator will be selected by the disputing parties jointly or appointed by the chairman of the arbitration commission at the joint request of the disputing parties, and is able to decide on the issues in dispute more efficiently as expected by the disputing parties.

In terms of procedure, there are no detailed rules about summary procedure. Most arbitration commissions in China specify in their arbitration rules that the provisions pertaining to the general procedure shall apply, mutatis mutandis, to summary procedure. And summary procedure may be more flexible as agreed upon by the disputing parties or approved by the arbitration commission.