13 Summary Procedure: (Articles 56 to 64)

Abstract

This chapter examines the Summary Procedure under the CIETAC Rules, which resembles most expedited procedures of other institutions in that the arbitral procedure is expedited for cases with a relatively small amount in dispute or where the parties agree to the application of the special procedure. While the Summary Procedure can be highly efficient, there is always a tension between the need for efficient and expeditious dispute resolution and the right of parties to present their cases, and failure to afford a party the right to present case could give rise to an application to set aside or resist recognition and enforcement of an award. Articles 56 to 64 of the CIETAC Rules are designed to maintain the balance between efficiency and parties’ right to be heard. These articles set forth special provisions of the Summary Procedure. These special provisions include: the application; notice of arbitration; formation of the arbitral tribunal; defence and counterclaim; conduct of hearing; notice of oral hearing; time period for rendering the award; change of procedure; and context reference.